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APPLICATION OF BALMER

Patent Appeal No. 6490.

276 F.2d 405 (1960)

Application of James G. BALMER, Jr.

United States Court of Customs and Patent Appeals.

March 30, 1960.

Attorney(s) appearing for the Case

Irwin M. Lewis, Willard R. Sprowls, David B. Miller, New York City (William H. Gross, Detroit, Mich., of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (S. Wm. Cochran, Washington, D. C., of counsel), for Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Associate Judges, and Judge WILLIAM H. KIRKPATRICK.

SMITH, Judge.

The present appeal involves the patentability of a design for a pneumatic tire. The single claim stands rejected as covering an "obvious" adaptation of a pneumatic tire design shown in an advertisement for "Fiske" tires which appeared in the publication "Tires' Service Station" Vol. 33, page 16 (June 1952).

The ornamental design for which patent protection is here sought is that of a pneumatic tire having a narrow white zone on the sidewall,...

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