In re Franck

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner denying appellant’s application for a patent for an alleged invention relating to a design for a hydrator tube.

The claim reads:

The ornamental design for a Dehydrator Tube substantially as shown.

The references are:

Schworetzky, 1,559',052, October 27, 1925;

Hasche, 1,939,694, December 19, 1933;

Refrigeration Supplies Catalog, Calumet Dehydrators, center column, bottom of page 71.

Appellant’s dehydrator tube, as stated in substance by the Primary Examiner, is…