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IN RE EPPINGER

Patent Appeal No. 3871.

94 F.2d 401 (1938)

In re EPPINGER.

Court of Customs and Patent Appeals.

February 7, 1938.

Attorney(s) appearing for the Case

Myron J. Dikeman, of Detroit, Mich., for appellant.

R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

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

BLAND, Associate Judge.

The Examiner of the design division of the United States Patent Office finally rejected all the claims, two in number, of appellant's application for a design patent for an ornamental design for a trolling spoon used in fishing. Appellant's specification originally consisted of what he denominated as four claims, three of which were prepared much on the plan of a claim covering a mechanical invention. After considerable Patent Office amendment...

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