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KURZEN v. MARZALL

No. 10728.

188 F.2d 673 (1951)

KURZEN v. MARZALL.

United States Court of Appeals District of Columbia Circuit.

Decided March 29, 1951.

Attorney(s) appearing for the Case

Sol Shappirio Washington D. C., and Hayden C. Covington, Brooklyn, N. Y., for appellant.

S. W. Cochran, United States Patent Office, Washington, D. C., with whom E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellee.

Before CLARK, PROCTOR, and BAZELON, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment of the United States District Court for the District of Columbia. The District Court dismissed the appellant's complaint by which the appellant sought to have the court authorize the issuance of a design patent. The refusal of the patent by the Patent Office and the District Court was based upon lack of invention over the prior art.

The application involved in this proceeding discloses a design for a phonograph...

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