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MENGLE v. FUERST

Patent Appeal No. 3702.

86 F.2d 436 (1936)

MENGLE v. FUERST.

Court of Customs and Patent Appeals.

December 7, 1936.

Attorney(s) appearing for the Case

Mason, Fenwick & Lawrence, of Washington, D. C. (Saperston, McNaughtan & Saperston, of Buffalo, N. Y., and Charles R. Fenwick and Joseph Dugan, both of Washington, D. C., of counsel), for appellant.

Whittemore, Hulbert, Whittemore & Belknap, of Detroit, Mich. (Clarence B. Zewadski, of Detroit, Mich., of counsel), for appellee.

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

GRAHAM, Presiding Judge.

On April 6, 1933, the appellant filed an application for patent in the United States Patent Office on an alleged new, original, and ornamental design for a bottle. On April 10, 1933, the appellee, Edwin W. Fuerst, also filed in that office an application for a design for a bottle. While there are some slight differences, it is conceded by the parties that the designs are, for all practical purposes, identical. Thereupon an interference was...

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