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IN RE CARTER

Appeal No. 81-593.

673 F.2d 1378 (1982)

In re John H. CARTER.

United States Court of Customs and Patent Appeals.

April 1, 1982.

Attorney(s) appearing for the Case

Franklin D. Wolffe, Washington, D. C., and Thomas F. Smegal, Jr., San Francisco, Cal., for appellant.

Joseph F. Nakamura, Sol., and Harris A. Pitlick, Asst. Sol., of Washington, D. C., for the Patent and Trademark Office.

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

NIES, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) sustaining the rejections under 35 U.S.C. § 103 and the "on sale" bar of 35 U.S.C. § 102(b) of appellant's design as claimed in application serial No. 633,511, filed November 20, 1975, for "Infant's Combined Shirt and Nether Garment." We affirm the § 103 rejection and thus need not reach the issue of an "on sale" bar.

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