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IN RE SMITH

Patent Appeal No. 3486.

77 F.2d 513 (1935)

In re SMITH.

Court of Customs and Patent Appeals.

May 27, 1935.

Attorney(s) appearing for the Case

Edmund H. Parry, Jr., of Washington, D. C., for appellant.

T. A. Hostetler, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

GRAHAM, Presiding Judge.

The appellant presented his application to the United States Patent Office for a patent upon a design for the figure of a naked baby, to be used upon a doll. The tribunals of the Patent Office denied the application, the Board of Appeals doing so on reference to Feuerlicht, D-55,942, of August 3, 1920, and upon the alleged nonpatentability of the subject-matter.

Appellant's design consists of the figure of a naked baby standing, holding...

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