Legal Opinion

Application of Zemon

Court of Customs and Patent Appeals

Decided June 17, 1953No. Patent Appeals 5989PublishedCited by 6 opinions

1Opinion of the Court

COLE, Judge.

This is an appeal from the decision of the Board of Appeals affirming the examiner’s rejection of appellant’s design patent ■claim for a silverware tray which reads as follows:

“The ornamental design for tray substantially as shown.”

The following statement, set forth by the board in its opinion, concisely describes the design in question and is entirely adequate for our purposes:

“ * * * appellant’s tray is rectangular in outline and has a pair of partition walls extending across the tray inwardly of and parallel to the end walls to provide elongated relatively narrow compartments…

2Cases cited2 opinions

  1. Application of JabourCourt of Customs and Patent Appeals · 1950
  2. In Re EppingerCourt of Customs and Patent Appeals · 1938

3Cited by6 opinions

  1. Thabet Manufacturing Company, D.B.A. American Beauty Ventilated Aluminum Awning Company v. Kool Vent Metal Awning Corporation of AmericaCourt of Appeals for the Sixth Circuit · 1955
  2. In re GlavasCourt of Customs and Patent Appeals · 1956
  3. Mark R. Hoop and Lisa J. Hoop v. Jeffrey W. Hoop, Stephen E. Hoop, and Hoopsters Accessories, Inc.Court of Appeals for the Federal Circuit · 2002
  4. Matter of the Application of Andrew GlavasCourt of Customs and Patent Appeals · 1956
  5. Application of PeetCourt of Customs and Patent Appeals · 1954

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