In re Swett

Almond, Judge.

This is an appeal from the decision of the Patent Office Board of Appeals, adhered to upon reconsideration, affirming the rejection of the claim in appellant’s design application1 on the ground of double patenting in view of the claims in appellant’s utility patent.2

*727The design application is for a lunch box container as illustrated in Figs. 1, 2 and 4. The five additional figures in the design application mainly illustrate in greater detail the features shown in the reproduced figures, which, for purposes of the discussion herein, should be sufficient.

The utility patent is also…