Court of Customs and Patent Appeals December 1, 1930, No. 2561 (In re Carlson)

GaRREtt, Judge,

delivered the opinion of the court:

Appellant seeks patent for a design for a toy airplane. The application was rejected by both the examiner and the Board of Appeals on the ground that the claimed design shows nothing patentable over prior art as illustrated in patent to Keely, design *755No. 59898, of December 6, 1921. Appeal was taken from the board’s decision to this court.