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IN RE SUNG NAM CHO

No. 86-973.

813 F.2d 378 (1987)

In re SUNG NAM CHO.

United States Court of Appeals, Federal Circuit.

February 2, 1987.

Attorney(s) appearing for the Case

Conrad J. Clark, Berman, Aisenberg & Platt, Washington, D.C., argued for appellant. With him on the brief was Michael T. Platt.

Lee E. Barrett, Associate Sol., Office of the Solicitor, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. Mckelvey, Deputy Sol.

Before NEWMAN, Circuit Judge, MILLER, Senior Circuit Judge, and ARCHER, Circuit Judge.

JACK R. MILLER, Senior Circuit Judge.

This appeal is from a decision of the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences ("board") sustaining the rejection of appellant's application for a design patent on a bottle cap under 35 U.S.C. § 103. We reverse.

Background

Appellant filed an application for a design patent on a "crown type" bottle cap having a central cylindrical depression and a generally flat bottom...

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