Corporations

In the Matter of the Application of LAMBERT TIRE & RUBBER CO., a Corporation, Assignee of William A. Brubaker

12 F.2d 1012·United States Court of Appeals for the District of Columbia Circuit·1926

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Opinion

In the Matter of the Application of LAMBERT TIRE & RUBBER CO., a Corporation, Assignee of William A. Brubaker. (Court of Appeals of District of Columbia. Submitted May 10, 1926. Decided June 1, 1926.) No. 1855. A. E. Dietrich and Charles J. Diller, both of Washington, D. C., for appellant. T. A. Hostetler, of Washington, D. C., for Commissioner of Patents. Before MARTIN, Chief Justice, ROBB, Associate Justice, and SMITH, Judge of the United States Court of Customs Appeals. [MAJORITY — PER CURIAM.] PER CURIAM. Appeal from a decision of the Patent Office rejecting the claims of appellant’s application for an automobile tire design, on the design patent to Pollen, No. 55,600. We agree with the Patent Office that applicant has taken the elements of Pollen’s tire and slightly rearranged them, and that such rearrangement does not amount to invention. The design of the tire exhibited at the oral argument is not the design of the application. The decision is affirmed. Affirmed.