In re Merritt

Edward H. Merritt, the appellant, filed an application for a design patent August 21, 1925. The application was rejected by the acting examiner of designs July 7, 1926. This decision was sustained by the Board of Examiners in Chief March 27, 1927, and by the Commissioner of Patents on August 29, 1927. This appeal follows:

The design upon which the appellant seeks a patent is for a flag. This flag is said to be the official flag of the Ancient Arabic Order of Nobles of the Mystic Shrine and is oblong in shape, has three *630horizontal stripes of red, yellow, and green, from top to bottom, the…