In re Staun

Appellant’s application for a design patent for a textile fabric was refused by the examiner, which refusal was affirmed by the Board of Appeals of the United States Patent Office. From that decision appellant has appealed to this court.

The references relied upon are:

Maisch-Bitschenauer, Design 43986, May 13, 1913.

Schurman, Design 6S499, October 13, 1925.

Tiedemann, Design 75880, July 24, 1928.

The design comprises stems, buds, and leaves of vines so arranged in diagonal lines and crossing each other that diamond-shaped spaces are formed between the crossing vines. Into each of the…