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Court of Customs and Patent Appeals

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Sparklets Corporation v. Walter Kidde Sales Co., Patent Appeals Nos. 4162, 4164 (1939)

104 F.2d 396 (1939) SPARKLETS CORPORATION v. WALTER KIDDE SALES CO. WALTER KIDDE SALES CO. v. SPARKLETS CORPORATION. Patent Appeals Nos. 4162, 4164. Court of Customs and Patent Appeals. June 19, 1939. *397 Charles A. Vilas and Henry J. Savage, both of New York City (Paul A. Blair, of Washington, D. C., of counsel), for Sparklets Corporation. Darby & Darby, of New York City (Louis D. Fletcher, of New York City, of counsel), for Walter Kidde Sales Co. Before GARRETT, Presiding Judge, and BLAND,...

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Walsh v. Davidson, Patent Appeals Nos. 4028, 4030, 4031 (1939)

101 F.2d 224 (1939) WALSH et al. v. DAVIDSON et al. DAVIDSON v. WALSH et al. (two cases). Patent Appeals Nos. 4028, 4030, 4031. Court of Customs and Patent Appeals. January 23, 1939. *225 I. Seltzer and C. W. Levinson, both of New York City, for Walsh and Caprio. Eugene L. Greenewald and Emory P. Boynton, both of New York City (Rudolph S. Nelson, of New York City, of counsel), for Davidson. Warren J. Willis, of New York City, for Ostromislensky. Before GARRETT, Presiding Judge, and BLAND,...

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Brown v. Barton, Patent Appeals No. 4070 (1939)

102 F.2d 193 (1939) BROWN v. BARTON. Patent Appeals No. 4070. Court of Customs and Patent Appeals. February 6, 1939. Rehearing Denied March 27, 1939. Howson & Howson and Charles H. Howson, all of Philadelphia, Pa., and William A. Smith, Jr., of Washington, D. C. (F. A. Bothwell, of Philadelphia, Pa., of counsel), for appellant. *194 Harry G. Grover and James G. Norton, both of New York City (Abraham S. Greenberg, of New York City, of counsel), for appellee. Before GARRETT, Presiding Judge, and...

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Collins v. Olsen, Patent Appeals No. 4069 (1939)

102 F.2d 828 (1939) COLLINS v. OLSEN. [*] Patent Appeals No. 4069. Court of Customs and Patent Appeals. March 6, 1939. *829 Watson, Bristol, Johnson & Leavenworth, of New York City (Charles M. Thomas and James A. Hoffman, both of Washington, D. C., and Clair V. Johnson, of New York City, of counsel), for appellant. Ralph H. Hudson and William B. Kerkam, both of Washington, D. C., for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. BLAND,...

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Kraft-Phenix Cheese Corp. v. Consolidated Beverages, Patent Appeal No. 4223 (1939)

107 F.2d 1004 (1939) KRAFT-PHENIX CHEESE CORPORATION v. CONSOLIDATED BEVERAGES, Limited. Patent Appeal No. 4223. Court of Customs and Patent Appeals. December 26, 1939. *1005 Cyril A. Soans and Wm. E. Anderson, both of Chicago, Ill., for appellant. Eugene E. Stevens, of Washington, D. C., for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. JACKSON, Associate Judge. This is an appeal from a decision of the Commissioner of Patents affirming...

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DJ Bielzoff Products Co. v. White Horse Distillers, Patent Appeal No. 4213 (1939)

107 F.2d 583 (1939) D. J. BIELZOFF PRODUCTS CO. v. WHITE HORSE DISTILLERS, Limited. Patent Appeal No. 4213. Court of Customs and Patent Appeals. December 4, 1939. *584 James P. Burns, of Washington, D.C., for appellant. Randolph B. Cousins, of New York City (Cousins & Cousins, Christopher C. Cousins, Alden D. Redfield, and Francis E. Boyce, all of New York City, of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. HATFIELD,...

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In Re King, Patent Appeal No. 4184 (1939)

107 F.2d 618 (1939) In re KING et al. Patent Appeal No. 4184. Court of Customs and Patent Appeals. December 4, 1939. Whittemore, Hulbert & Belknap, of Detroit, Mich. (Clarence B. Zewadski, and L. Gaylord Hulbert, both of Detroit, Mich., and George A. Degnan, of Washington, D. C., of counsel), for appellant. Howard S. Miller, of Washington, D. C., for Commissioner of Patents. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. JACKSON, Associate Judge....

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In Re Midy Laboratories, Patent Appeal No. 4151 (1939)

104 F.2d 617 (1939) In re MIDY LABORATORIES, Inc. Patent Appeal No. 4151. Court of Customs and Patent Appeals. June 15, 1939. Chauncey P. Carter, of Washington, D. C., for appellant. R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. GARRETT, Presiding Judge. This is an appeal from the decision of the Commissioner of Patents...

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Lever Bros. Co. v. Nobio Products, Patent Appeal No. 4142 (1939)

103 F.2d 917 (1939) LEVER BROS. CO. v. NOBIO PRODUCTS, Inc. Patent Appeal No. 4142. Court of Customs and Patent Appeals. May 29, 1939. *918 Spencer A. Studwell and Harry A. English, both of New York City, for appellant. Thomas L. Mead, Jr., of Washington, D. C., for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. HATFIELD, Associate Judge. This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of...

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California Prune & Apricot Growers Ass'n v. Dobry Flour Mills, Patent Appeal No. 4096 (1939)

101 F.2d 838 (1939) CALIFORNIA PRUNE & APRICOT GROWERS ASS'N v. DOBRY FLOUR MILLS, Inc. Patent Appeal No. 4096. Court of Customs and Patent Appeals. February 6, 1939. Jackson & Webster, of San Francisco, Cal. (W. G. MacKay and Chas. R. Allen, both of Washington, D. C., of counsel), for appellant. No appearance for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. LENROOT, Associate Judge. This is an appeal in a trade-mark cancellation...

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Kelly Liquor Co. v. National Brokerage Co., Patent Appeal No. 4094 (1939)

102 F.2d 857 (1939) KELLY LIQUOR CO. v. NATIONAL BROKERAGE CO., Inc. Patent Appeal No. 4094. Court of Customs and Patent Appeals. April 10, 1939. *858 Lee L. Townshend, of Washington, D. C. (George H. Braddock, of Minneapolis, Minn., of counsel), for appellant. Herbert J. Jacobi, of Washington, D. C. (George C. Baldt, of Washington, D. C., of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. LENROOT, Associate Judge. This is a...

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Hansgirg v. Kemmer, Patent Appeal No. 4077 (1939)

102 F.2d 212 (1939) HANSGIRG v. KEMMER. Patent Appeal No. 4077. Court of Customs and Patent Appeals. February 27, 1939. Brown, Critchlow & Flick, of Pittsburgh, Pa. (Jo. Baily Brown and Fulton B. Flick, both of Pittsburgh, Pa., of counsel), for appellant. H. C. Bierman, of New York City, for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. BLAND, Associate Judge. This is an appeal by the junior party Hansgirg from a decision of the Board of...

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Dirkes v. Eitzen, Patent Appeal No. 4054 (1939)

103 F.2d 520 (1939) DIRKES et al. v. EITZEN. Patent Appeal No. 4054. Court of Customs and Patent Appeals. May 3, 1939. *521 Eugene C. Brown, of Washington, D. C. (M. J. Reynolds and N. F. Presson, both of New York City, of counsel), for appellants. Gustav Drews, of New York City (Hans v. Briesen, of New York City, of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. JACKSON, Associate Judge. This is an appeal from a decision of...

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Kyrides v. Bruson, Patent Appeal No. 4005 (1939)

102 F.2d 416 (1939) KYRIDES v. BRUSON. Patent Appeal No. 4005. Court of Customs and Patent Appeals. March 13, 1939. *417 Joseph R. Mares, of St. Louis, Mo. (John D. Pope, III, of St. Louis, Mo., on the brief), for appellant. Robert Ames Norton, of Stamford, Conn., for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. GARRETT, Presiding Judge. This is an appeal from the decision of the Board of Appeals of the United States Patent Office...

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Avery v. Chase, Patent Appeal No. 4000 (1939)

101 F.2d 205 (1939) AVERY v. CHASE. Patent Appeal No. 4000. Court of Customs and Patent Appeals. January 23, 1939. Theodore H. Lassagne, of San Francisco, Cal. (Leonard S. Lyon, of Los Angeles, Cal., and Charles M. Thomas, of Washington, D. C., of counsel), for appellant. George F. Scull, of New York City (Stuart Hilder, of Orange, N. J., and George M. Anderson, of Washington, D. C., of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate...

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Louis Wolf & Co. v. United States, Customs Appeals Nos. 4222, 4223, 4232 (1939)

107 F.2d 819 (1939) LOUIS WOLF & CO. v. UNITED STATES. P. H. PETRY CO. et al. v. SAME. DRAEGER SHIPPING CO. et al. v. SAME. Customs Appeals Nos. 4222, 4223, 4232. Court of Customs and Patent Appeals. December 4, 1939. *820 Allan R. Brown, of New York City, for appellants. Webster J. Oliver, Asst. Atty. Gen. (Charles J. Miville, of New York City, of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. BLAND, Associate Judge. In...

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David L. Moss Co. v. United States, Customs Appeal No. 4114 (1939)

103 F.2d 395 (1939) DAVID L. MOSS CO., Inc., v. UNITED STATES. Customs Appeal No. 4114. Court of Customs and Patent Appeals. March 27, 1939. *396 Barnes, Richardson & Colburn, of New York City (Albert MacC. Barnes, Joseph Schwartz, and J. Bradley Colburn, all of New York City, of counsel), for appellant. Webster J. Oliver, Asst. Atty. Gen. (Charles D. Lawrence, Sp. Asst. to Atty. Gen., and Joseph F. Donohue, Sp. Attorney, of Nutley, N. J., of counsel), for the United States. Before GARRETT,...

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John T. Bill Co. v. United States, Customs Appeal No. 4073 (1939)

104 F.2d 67 (1939) JOHN T. BILL CO., Inc., et al. v. UNITED STATES. Customs Appeal No. 4073. Court of Customs and Patent Appeals. May 29, 1939. *68 Lawrence A. Harper, of San Francisco, Cal. (Abraham Gottfried, of Los Angeles, Cal., of counsel), for appellants. Webster J. Oliver, Asst. Atty. Gen. (Charles J. Miville, of New York City, Sp. Atty., of counsel), for the United States. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, and LENROOT, Associate Judges. GARRETT, Presiding Judge. In...

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Chittick v. Lyons, 4178, 4179 (1939)

104 F.2d 818 (1939) CHITTICK v. LYONS. SAME v. LYONS et al. Nos. 4178, 4179. Court of Customs and Patent Appeals. June 26, 1939 Edward H. Lang, of Chicago, Ill. (Henry C. Parker, of Washington, D. C., of counsel), for appellant. Edmund G. Borden, of New York City, for the party Lyons. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. GARRETT, Presiding Judge. These are companion interference cases originating in the United States Patent Office in both...

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