Legal Opinion

In re Smith

Court of Customs and Patent Appeals

Decided May 27, 1935No. 3530PublishedCited by 2 opinions

1Opinion of the Court

Bland, Juclge,

delivered the opinion of the court:

The Primary Examiner of the United States Patent Office rejected appellant’s claim for an ornamental design for a naked baby doll, which decision of the examiner was affirmed by the Board of Appeals. From the decision of the board, appellant has appealed here.

The design involved is that of a naked baby doll which has the natural or life-like characteristics and the form and posture of a baby. The legs are drawn up toward the trunk and one foot overlaps the other, the feet pointing slightly downward. While the *1210drawings show the doll in an…

2Cases cited4 opinions

  1. Wilson v. Haber Bros.Court of Appeals for the Second Circuit · 1921
  2. Geo. Borgfeldt & Co. v. WeissCourt of Appeals for the Second Circuit · 1920
  3. De Jonge v. BreukerU.S. Circuit Court for the District of Eastern Pennsylvania · 1910
  4. Bolte & Weyer Co. v. Knight Light Co.Court of Appeals for the Seventh Circuit · 1910

3Cited by2 opinions

  1. Jas. H. Matthews & Co. v. Bronze, Inc.Court of Appeals for the Seventh Circuit · 1941
  2. Durdin v. Kuryakyn Holdings, Inc.District Court, W.D. Wisconsin · 2006

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