Matter of the Application of Linus E. Russell

WORLEY, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection by the Primary Examiner of the single claim of appellant’s . application for a patent on a design for a pump, on the ground of lack of invention over appellant’s prior patent, Des. 170,387. The appealed claim is as follows:

North . 385,319

Tucker D-107,465

Peters et al. 2,557,139

Russell D-170,387

Appellant’s application discloses a pump comprising a cylindrical body having generally circular and closure plates, each of which is provided, at spaced points around its…