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APPLICATION OF SCHILLING

Patent Appeal No. 8250.

421 F.2d 747 (1970)

Application of Paul K. SCHILLING.

United States Court of Customs and Patent Appeals.

February 26, 1970.

Attorney(s) appearing for the Case

Charles O'Connell, St. Paul, Minn., attorney of record, for appellant.

Joseph Schimmel, Washington, D. C., for the Commissioner of Patents; Raymond E. Martin, Washington, D. C., of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and McMANUS, Chief Judge, Northern District of Iowa, sitting by designation.

ALMOND, Judge.

This appeal is from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, affirming the rejection of appellant's application1 for a design patent on a tumbler.

The claim reads: "The ornamental design for a Tumbler, as shown." The drawing shows the following configuration:

Appellant tells us that his tumbler is primarily a plastic...

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