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APPLICATION OF LUSTIG

Patent Appeal No. 7672.

368 F.2d 1019 (1966)

Application of Elaine LUSTIG.

United States Court of Customs and Patent Appeals.

December 1, 1966.

Attorney(s) appearing for the Case

Byerly, Townsend, Watson & Churchill, New York City (Howard J. Churchill, New York City, Robert I. Dennison, Washington, D. C., of counsel), for appellant.

Joseph Schimmel, Washington, D. C. (L. F. Parker, Washington, D. C., of counsel), for the Commissioner of Patents.

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

WORLEY, Chief Judge.

Lustig seeks to patent:

The ornamental design for a font of type or the like, substantially as shown.

The application was rejected by the examiner, affirmed by the Board of Appeals, on the ground that appellant's font was "an obvious modification" of the Smith font.1

The following side by side comparison clearly supports the decision below:

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