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IN RE SMITH

Patent Appeal No. 3530.

77 F.2d 514 (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.

BLAND, Associate Judge.

The Primary Examiner of the United States Patent Office rejected appellant's claim for an ornamental design for a naked baby doll, which decision of the Examiner was affirmed by the Board of Appeals. From the decision of the Board, appellant has appealed here.

The design involved is that of a naked baby doll which has the natural or lifelike characteristics and the form and posture of a baby. The legs are drawn up toward the trunk,...

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