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APPLICATION OF SWETT

Patent Appeal No. 8575.

451 F.2d 631 (1971)

Application of James B. SWETT.

United States Court of Customs and Patent Appeals.

December 9, 1971.

Attorney(s) appearing for the Case

Paul R. Wylie, Los Angeles, Cal., Lawrence I. Field, Arlington, Va., attorneys of record, for appellant. Leigh B. Taylor, Ridgewood, N. J., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. John W. Dewhirst, Fairfax, Va., Elliot A. Goldberg, Arlington, Va., of counsel.

Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges.

ALMOND, Judge.

This is an appeal from the decision of the Patent Office Board of Appeals, adhered to upon reconsideration, affirming the rejection of the claim in appellant's design application1 on the ground of double patenting in view of the claims in appellant's utility patent.2

The design application is for a lunch box container as illustrated in Figs. 1, 2 and 4. The five additional figures in...

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