C. F. Mueller Co. v. A. Zeregas Sons

(after stating the fácts as above).

The design patent should have been invalidated. It does not pretend to cover anything except a piece of dough shaped like a letter W. Even assuming invention, it is open to at least two objections: (1) There is nothing about the design or shape which appeals to the iesthetic sense (Dietz Co. v. Burr, etc., Co., 243 P. 592, 155 C. C. A. 290); and (2) the record before us proves that the design is intended merely to protect the shape of what comes out of plaintiff’s patented machine (Harmon Paper Co. v. Prager [C. C. A.] 287 P. 841).

Considering the mechanical…