Application of Villesvik

O’CONNELL, Judge.

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 who rej ected, as un-patentable over the prior art, appellant’s application for a patent on a design for a raker and jointer tool.

The single claim in issue reads:

“The ornamental design for a Raker and Jointer Tool or similar article substantially as shown.”

The references are: Bickerstaff, 504,656, Sept. 5, 1893; Richardson, 580,508, Apr. 13, 1897; Higbee, 1,003,904, Sept. 19, 1911.

Appellant during the prosecution of his application…