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APPLICATION OF WARNER

Patent Appeal No. 7822.

379 F.2d 1011 (1967)

Application of Richard E. WARNER and Virginia Ann Warner.

United States Court of Customs and Patent Appeals.

June 29, 1967.

Attorney(s) appearing for the Case

Richard E. Warner, for appellants.

Joseph Schimmel, Washington, D. C. (Jere W. Sears, Washington, D. C., of counsel), for the Commissioner of Patents.

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

SMITH, Judge.

This is an appeal from the decision of the Board of Appeals affirming the examiner's rejection of the appealed claims1 under 35 U.S.C. § 103. Since we find a substantial factual basis for the board's legal conclusion of obviousness, its decision is affirmed.

In its broadest aspect, appellants' invention is a cosmetic stick applicator consisting of multiple colored materials...

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