Application of Sidney A. Durfee, Bennie L. Culwell and Raymond C. Barnes

CLARK, Associate Justice.

This is an appeal from the decision of the Board of Patent Appeals affirming the examiner’s rejection under 35 U.S.C. § 103 of the claim of appellants’ Design Patent application, serial No. 84,904, filed April 22, 1965 for “Design for Chair.”

Appellants’ chair design, as depicted in Figs. 1, 4, and 5, is compared below with generally corresponding views of a chair disclosed in a publication citéd by the examiner, identified in the record as a copy of “Page 1, of ‘Modernline School Furniture’ by Norcor, Brochure dated June 4,1956, Chair No. 250.”

As may be seen,…