Application of Lu Celia Wise

ALMOND, Judge.

Lu Celia Wise appeals from a decision of the Board of Appeals affirming the action of the examiner in rejecting her application 1 for a design patent on an advertising novelty.

The claim reads:

“The ornamental Design for a promotional advertising souvenir as shown and described.”

The drawing shows the following configuration :

The article is hollow with transparent walls, within which appears a planar member shown in dotted lines, on which advertising matter is to be placed.

The specification recites: “The dominant features of the design are those shown in full lines.”

The references…