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APPLICATION OF YARDLEY

Patent Appeal No. 9098.

493 F.2d 1389 (1974)

Application of Richard Q. YARDLEY.

United States Court of Customs and Patent Appeals.

March 28, 1974.

Attorney(s) appearing for the Case

David W. Brinkman, William T. Bullinger, Cushman, Darby & Cushman, Washington, D.C., attorneys of record, for appellant; Robert B. Murray, Jr., Washington, D.C., of counsel.

Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Jere W. Sears, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

LANE, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejections of the claim in appellant's application1 for an ornamental design for a watch. There are two rejections: (1) a rejection based on obviousness under 35 U.S.C. § 103, and (2) a rejection based on estoppel in view of prior copyright registrations. We reverse.

The Claimed Design

Appellant...

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