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APPLICATION OF TOBIAS

Patent Appeal No. 7384.

343 F.2d 495 (1965)

Application of Lawrence S. TOBIAS.

United States Court of Customs and Patent Appeals.

April 15, 1965.

Attorney(s) appearing for the Case

Charles B. Smith, New York City, for appellant.

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

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges.

RICH, Judge.

This appeal is from the decision of the Board of Appeals affirming the examiner's rejection of all claims remaining in application serial No. 201,899, filed June 12, 1962, for a gable-topped paperboard container and blank for making it.

The container is of the square type commonly used for milk, cream, juice, etc., the gable top of which can be split open by pulling opposed sides of the top to break the adhesive seal and convert a portion of the...

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