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APPLICATION OF COOPER

Patent Appeal No. 9029.

480 F.2d 900 (1973)

Application of Howard COOPER.

United States Court of Customs and Patent Appeals.

July 12, 1973.

Attorney(s) appearing for the Case

Kenyon & Kenyon Reilly Carr & Chapin, New York City, attorneys of record, for appellant; William T. Boland, Jr., Kevin J. Heyd, Charles B. Spencer, New York City, of counsel.

S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Associate Judges, and ALMOND, Senior Judge.

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of application serial No. 13,935, filed October 10, 1968, for Design for Restaurant. The claim is in conventional design form, referring to the drawing in which Fig. 1 is as follows:

The only significant added showing in the other two figures is that the door stands vertically in spite of the curvature of the barrel shape of the building...

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