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APPLICATION OF ZEMON

Patent Appeals No. 5989.

205 F.2d 317 (1953)

Application of ZEMON.

United States Court of Customs and Patent Appeals.

June 17, 1953.

Attorney(s) appearing for the Case

Harness, Dickey & Pierce, Detroit, Mich. (J. King Harness, Detroit, Mich., of counsel), for appellant.

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

Before O'CONNELL, JOHNSON, WORLEY, COLE, and JACKSON (retired), Judges.

COLE, Judge.

This is an appeal from the decision of the Board of Appeals affirming the examiner's rejection of appellant's design patent claim for a silverware tray which reads as follows:

"The ornamental design for tray substantially as shown."

The following statement, set forth by the board in its opinion, concisely describes the design in question and is entirely adequate for our purposes:

"* * * appellant's tray is rectangular in outline...

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