Application of Don L. Rubinfield

WORLEY, Chief Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the Primary Examiner’s rejection of the three claims of appellant’s application for a patent on a design for a floor waxer. The appealed claims are as follows:

“1. The ornamental design for a Floor Waxer substantially as shown in Figures 1 to 4, inclusive.

“2. The ornamental design for a Floor Waxer substantially as shown in Figures 5 to 8, inclusive.

Appellant’s application discloses designs of two floor waxers of generally similar but specifically different appearance,…