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IN RE CAMPBELL

Patent Appeal No. 4146.

104 F.2d 394 (1939)

In re CAMPBELL.

Court of Customs and Patent Appeals.

June 15, 1939.

Attorney(s) appearing for the Case

Charles A. Vilas and Henry J. Savage, both of New York City (Paul A. Blair, of Washington, D. C., of counsel), 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.

JACKSON, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office which affirmed that of the examiner rejecting, in view of the prior art, the single claim in the case which reads as follows:

1. The ornamental design for a metal capsule for compressed gases, as shown and described.

The references are:

Davison, 114,775, May 16, 1871.

Smalley, 601,988, April 5, 1898.

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