APPLICATION OF BARTLETT

Patent Appeal No. 6791.

300 F.2d 942 (1962)

Application of Angelo E. BARTLETT and Elwood J. Fletcher.

United States Court of Customs and Patent Appeals.

April 11, 1962.


Attorney(s) appearing for the Case

Edward J. Willey, New York City (Samuel Stearman, New York City, of counsel), for appellants.

Clarence W. Moore, Washington, D. C. (Jere W. Sears, Washington, D. C., of counsel), for Com'r. of Patents.

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


RICH, Judge.

This appeal is from the affirmance by the Patent Office Board of Appeals of the rejection of appellants' single claim, which is in prescribed form, for "The ornamental design for a Plastic Foor Tile as shown." Appellants' application is Ser. No. D-46,680, filed June 21, 1957.

The rejection is that the design is unpatentable over a single reference:

"Sweet's Architectural File Catalog for 1954, Section 12i, Catalog Ke, page 5, Item ONYX...

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