In re Becker

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary-Examiner rejecting all of the claims, Nos. 1 to 5, inclusive, in appellant’s application for a patent for an alleged invention relating to improvements in confection, comprising an edible container composed of chocolate, having a non-edible handle support, and adapted to temporarily retain ice cream or other semiplastic food while the same is being eaten.

The alleged invention is sufficiently described in the involved claims, which, due to the issues here…