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APPLICATION OF TALBOTT

Patent Appeal No. 8519.

443 F.2d 1397 (1971)

Application of Yorck Joachim TALBOTT.

United States Court of Customs and Patent Appeals.

July 1, 1971.

Attorney(s) appearing for the Case

Michael S. Striker, New York City, attorney of record, for appellant.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Raymond E. Martin, Washington, D. C., of counsel.

Before RICH, ALMOND, BALDWIN, and LANE, Associate Judges, and LANDIS, Judge, United States Customs Court, sitting by designation.

BALDWIN, Judge.

This appeal brings before us for the first time the question whether the registration of an industrial design (Geschmackmuster) under the laws of Germany may be considered for purposes of applying the statutory time bar of 35 U.S.C. §§ 102(d) and 172 against an application for a United States design patent on the same subject matter. Before us also, similarly for the first time, is the ancillary issue, to be decided only if the first stated...

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