Murray FIELDS, Consolidated Foods Corporation, Appellants,
v.
William E. SCHUYLER, Jr.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 25, 1972.
Decided October 16, 1972.
Attorney(s) appearing for the Case
Mr. Edward Halle, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Albert H. Kirchner, Kensington, Md., was on the brief, for appellants.
Mr. John W. Dewhirst, Atty., Washington, D. C., with whom Mr. S. William Cochran, Solicitor, was on the brief, for appellee.
Before WRIGHT, LEVENTHAL and MacKINNON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
LEVENTHAL, Circuit Judge:
This is an appeal by plaintiff-appellant1 from a judgment dismissing the complaint, brought under 35 U.S.C. § 145, to have the District Court authorize the issuance of a design patent for the ornamental design of a pen. The essential features of the design disclosed by the claim pertain to the upper portion, above the annular ring, on the barrel of a ballpoint pen, which is round in cross-section, and gradually...
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