APPLICATION OF SHERRON

Patent Appeal No. 6379.

263 F.2d 339 (1959)

Application of Percival H. SHERRON.

United States Court of Customs and Patent Appeals.

February 5, 1959.


Attorney(s) appearing for the Case

Jan H. Van den Beemt, and Busser, Smith & Harding, Philadelphia, Pa. (Morris Relson, New York City, William A. Smith, Jr., Washington, D. C., and Darby & Darby, New York City, of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for Commissioner of Patents.

Before WORLEY, Acting Chief Judge, and RICH and MARTIN, Associate Judges.


WORLEY, Acting Chief Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the Primary Examiner's rejection of claims 41, 43, 48, 49, and 50 of appellant's application for a patent on an improvement in a telephone booth, on the ground of lack of invention over prior art.

The following are typical of the appealed claims:

"41. In a telephone booth a ceiling structure comprising upper and lower...

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