In Re Stover

O’CONNELL, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the action of the examiner finally rejecting all of the claims in an application for a patent which relates to an elongated paper container particularly adapted for receiving and packaging ice cream, or other plastic foodstuffs, for subsequent sale to the public in sanitary and predetermined units.

As it leaves the freezer in its plastic condition, it appears that ice cream contains a large volume or overrun of air which has been injected during the process of…