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APPLICATION OF BERGER

Patent Appeal No. 6218.

239 F.2d 397 (1956)

Application of Bernard BERGER.

United States Court of Customs and Patent Appeals.

November 30, 1956.

Attorney(s) appearing for the Case

Maurice S. Cayne, Chicago (Cushman, Darby & Cushman, Washington, D. C., of counsel), for appellant.

Clarence W. Moore, Washington, D. C., (Arthur H. Behrens, Washington, D. C., of counsel), for Commissioner of Patents.

Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, RICH, and JACKSON, retired, Associate Judges.

O'CONNELL, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office, one member dissenting, affirming the rejection by the Primary Examiner of the claim of appellant's application serial No. D-20,054 for a design patent on a recess bracket for a night light. The appealed claim is as follows:

"The ornamental design for a Recess Bracket for Night Light substantially as shown and described."

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