In re Withington

This is an appeal from a decision of the Board of Appeals of the United States Patent Office which affirmed a decision of the examiner rejecting, in view of the prior art, all of the article claims, 8 to 13 inclusive, in appellant’s application for an alleged invention relating to methods and apparatus for marking tool handles and like articles and to the articles so marked.

Claim 8 is illustrative of the appealed claims and reads as follows:

8. An elongated wood or the like rounded handle having an emblem on a portion of its outer surface, said portion extending curvilínearly for a substantial…