Application of Morris Levy

SMITH, Judge.

Appellant appeals from an adverse decision of the Board of Appeals which affirmed the examiner’s rejection of the single claim of his application 1 231 for a design patent for an “Ink Cartridge for Writing Instruments and the Like.”

The board, in affirming the examiner’s final rejection as “unpatentable over the prior art,” relied on the following references:

The single claim refers to the drawing and claims the ink cartridge “substantially as shown.” As shown in the front elevational view of the drawings, the plastic ink cartridge, as indicated by the shadings thereon, is…