Legal Opinion

In re Swett

Court of Customs and Patent Appeals

Decided September 7, 1972No. 8700PublishedCited by 1 opinion

1Opinion of the Court

Baldwin, Judge.

Swett appeals from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, sustaining the rejection of ■the claim in his application for a design patent, entitled “Storage Container for Lettuce or the Like.”1

The claimed design is sufficiently clear from Figures 2 and 5:

*1237Tlie references relied on are a page from a “Tupperware” catalogue,2 a patent to one Liberman,3 and an advertisement in Housewares Review4 The board relied on the appearance of two food storage bowls which were shown and described in the Tupperware catalogue as “Wonderlier” bowls and…

2Cases cited3 opinions

  1. Application of JenningsCourt of Customs and Patent Appeals · 1950
  2. In re GlavasCourt of Customs and Patent Appeals · 1956
  3. Application of Nicholas D. McKayCourt of Customs and Patent Appeals · 1963

3Cited by1 opinion

  1. In re CooperCourt of Customs and Patent Appeals · 1973

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