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IN RE SPRETER

Appeal No. 81-521.

661 F.2d 1220 (1981)

In re Pierre SPRETER.

United States Court of Customs and Patent Appeals.

October 15, 1981.

Attorney(s) appearing for the Case

Philip H. Gottfried and Jay A. Bondell, New York City, for appellant.

Joseph F. Nakamura, Sol., John W. Dewhirst, Asst. Sol., and Fred McKelvey, Washington, D. C., of counsel for Patent and Trademark Office.

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

RICH, Judge.

This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Appeals (board) affirming a rejection of appellant's application for a design patent, Serial No. 745,874, filed November 29, 1976, under 35 U.S.C. § 103. We affirm.

Background

The claimed design is for a cigarette lighter (reproduced below) in the form of an upstanding, generally rectangular housing, the surface of which is for...

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