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IN RE TORGERSEN

Patent Appeal No. 4183.

104 F.2d 194 (1939)

In re TORGERSEN.

Court of Customs and Patent Appeals.

June 5, 1939.

Attorney(s) appearing for the Case

David Charness, of Milwaukee, Wis., and Eugene E. Stevens, of Washington, D. C., for appellant.

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

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

BLAND, Associate Judge.

Appellant filed his application for a patent for a design for a sock, which application contained a single claim: "The ornamental design for a sock as shown and described."

The Primary Examiner of the United States Patent Office rejected the single claim on the following reference: Greco, 1,745,927, February 4, 1930.

The ornamental design for a sock as shown by the drawing is as follows:

The examiner also pointed...

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