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APPLICATION OF FACER

Patent Appeal Nos. 8505, 8506, and 8507.

442 F.2d 976 (1971)

Application of Grant T. FACER.

United States Court of Customs and Patent Appeals.

May 27, 1971.

Attorney(s) appearing for the Case

Russell L. Law, Washington, D. C., attorney of record, for appellant. James E. Toomey, Paul E. Calrow, Oakland, Cal., Harold L. Jenkins, Washington, D. C., and John S. Rhoades, Oakland, Cal., of counsel.

S. Wm. Cockran, Washington, D. C., for the Commissioner of Patents. Joseph F. Nakamura, Washington, D. C., Edward E. Kubasiewicz, Alexandria, Va., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and SKELTON, Judge, United States Court of Claims, sitting by designation.

RICH, Judge.

These are three appeals from three separate decisions of the Patent Office Board of Appeals in three applications for design patents, serial numbers 1,948, 1,953, and 3,677, the first two filed April 20, 1966, and the last September 1, 1966. The cases have been briefed and argued together. The rejections are based on 35 U.S.C. § 103.

The basic design patent statute, 35 U. S.C. § 171, provides that

Whoever invents any new, original...

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