Legal Opinion

In re Spears

Court of Customs and Patent Appeals

Decided July 1, 1955No. 6143PublishedCited by 2 opinions

1Opinion of the CourtO’Connell, Acting Chief Judge

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection by the Primary Examiner of claims 1 and 2 of appellant’s application for a patent on new and useful improvements in a pin type flower holder. No claims were allowed and the appealed claims were finally rejected on the disclosure of the reference patent to Okai, 1,868,802, issued July 26, 1932.

The construction of appellant’s device is obvious from a reading of the claims, of which claim 1 is illustrative:

1. A holder for cut flowers comprising a supporting base member and a…

2Cases cited3 opinions

  1. Thompson v. BoisselierSupreme Court of the United States · 1885
  2. General Electric Co. v. Jewel Incandescent Lamp Co.Supreme Court of the United States · 1945
  3. In re DalzellCourt of Customs and Patent Appeals · 1946

3Cited by2 opinions

  1. Joseph Bancroft & Sons Co. v. WatsonDistrict Court, District of Columbia · 1959
  2. Application of Birdsall P. Lawson, Deceased (Pilling Chain Co., Assignee)Court of Customs and Patent Appeals · 1955

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