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Legal Opinion

Application of Park

Court of Customs and Patent Appeals

Decided April 3, 1950No. Patent Appeals 5676PublishedCited by 7 opinions

1Opinion of the Court

JOHNSON, Judge.

Appellant’s application for a design patent for a new and ornamental design for a Smoker’s Pipe was rejected by the Primary Examiner in the United States Patent Office as lacking invention over cited references. The Board of Appeals affirmed that rejection relying upon the following references :

Masters D- 2,824 Nov. 5, 1867.

Mattern D- 55,867 July 20, 1920.

Stronach D- 67,623 June 16, 1925.

Craig D- 83,722 March 24, 1931.

Link D-138,437 Aug. 8, 1944.

Appellant’s pipe presents the configuration of a pipe bowl which simulates a golf club head, and a curved pipe stem.

Both the Masters…

2Cases cited3 opinions

  1. Application of JohnsonCourt of Customs and Patent Appeals · 1949
  2. Grelle v. City of EugeneCourt of Appeals for the Ninth Circuit · 1915
  3. In re WhitingCourt of Customs and Patent Appeals · 1931

3Cited by7 opinions

  1. Application of JabourCourt of Customs and Patent Appeals · 1950
  2. In re LeslieCourt of Customs and Patent Appeals · 1977
  3. Application of BigelowCourt of Customs and Patent Appeals · 1952
  4. Application of MillerCourt of Customs and Patent Appeals · 1952
  5. Falcon Industries, Inc. v. R. S. Herbert Co.District Court, E.D. New York · 1955

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