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CAMPBELL v. WATSON

No. 15295.

275 F.2d 166 (1960)

Guy F. CAMPBELL and American Machine and Foundry Company, Appellants, v. Robert C. WATSON, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 28, 1960.

Attorney(s) appearing for the Case

Mr. Tennes I. Erstad, New York City, with whom Mr. J. Austin Stone, Washington, D. C., was on the brief, for appellants.

Mr. Joseph Schimmel, Atty., U. S. Patent Office, with whom Mr. Clarence W. Moore, Solicitor, U. S. Patent Office, was on the brief, for appellee.

Before EDGERTON, FAHY, and BASTIAN, Circuit Judges.

EDGERTON, Circuit Judge.

"Whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title." 35 U.S.C. § 171. Appellants applied to the Patent Office for a design patent relating to a tricycle. The application contains a single drawing, showing a complete tricycle, and includes four claims. Claim 1 is for "The ornamental design for a tricycle as shown....

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