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  5. 173 F.2d 1015 (1949)
 

APPLICATION OF STEVENS

Patent Appeal No. 5550.

173 F.2d 1015 (1949)

Application of STEVENS.

United States Court of Customs and Patent Appeals.

April 12, 1949.

Attorney(s) appearing for the Case

E. J. Balluff, of Detroit, Mich. (George Rex Frye, of Detroit, Mich., of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (E. L. Reynolds, of Washington, D. C., of counsel), for the Commissioner of Patents.

Before GARRETT, Chief Judge, and HATFIELD, JACKSON, O'CONNELL, and JOHNSON, Judges.

HATFIELD, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting the single claim in appellant's application for a patent for a design for a rotary brush. The claim was rejected on the ground of lack of invention over the prior art and on the further ground that appellant's design is hidden from view in normal use so that its appearance is immaterial.

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