Legal Opinion

In re Burt

Court of Appeals for the D.C. Circuit

Decided February 6, 1928No. 2028PublishedCited by 6 opinions

1Opinion of the Court

ROBB, Associate Justice.

Appeal from a decision of the Patent Office refusing the claims of the application.

The invention relates to a frozen confection on a stick. Claims 1, 3, and 6 are sufficiently illustrative, and are here reproduced s

“1. A frozen confectionery product, including a frozen body portion formed of an edible substance, which is fluid at normal temperatures and congeals by refrigeration, and a stick member partially embedded in the body portion and attached thereto by congelation, the projecting end of the stick member forming a handle.”
“3. A frozen confectionery product,…

2Cases cited1 opinion

  1. In re ZenkDistrict Court, District of Columbia · 1920

3Cited by6 opinions

  1. In Re ButlerCourt of Customs and Patent Appeals · 1930
  2. Icyclair, Inc. v. National Popsicle Corp.Court of Appeals for the Ninth Circuit · 1938
  3. Popsicle Corp. v. WeissDistrict Court, S.D. New York · 1929
  4. Good Humor Corp. of America v. Bluebird Ice Cream & Charlotte Russe, Inc.District Court, E.D. New York · 1932
  5. Equitable Paper Bag Co. v. CoeCourt of Appeals for the D.C. Circuit · 1934

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