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Court of Customs and Patent Appeals

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Carnation Co. v. California Growers Wineries, Patent Appeals Nos. 3974, 3975 (1938)

97 F.2d 80 (1938) CARNATION CO. v. CALIFORNIA GROWERS WINERIES, Inc. (two cases). Patent Appeals Nos. 3974, 3975. Court of Customs and Patent Appeals. June 6, 1938. C. P. Goepel, of New York City, for appellant. Jackson & Webster, of San Francisco, Cal. (W. G. MacKay and Chas. R. Allen, both of Washington, D. C., of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. JACKSON, Associate Judge. These are two appeals from decisions...

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Creed v. Potts, Patent Appeals Nos. 3955-3958 (1938)

96 F.2d 317 (1938) CREED et al. v. POTTS, and three other cases. Patent Appeals Nos. 3955-3958. Court of Customs and Patent Appeals. April 25, 1938. *318 *319 Paul Kolisch and Edward D. Phinney, both of New York City, for appellants. E. W. Adams and J. W. Schmied, both of New York City (W. F. Simpson, of New York City, of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. LENROOT, Associate Judge. These appeals involve four...

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In Re American Cyanamid & Chemical Corporation, Patent Appeals No. 4007 (1938)

99 F.2d 964 (1938) In re AMERICAN CYANAMID & CHEMICAL CORPORATION. Patent Appeals No. 4007. Court of Customs and Patent Appeals. November 28, 1938. *965 Ellis S. Middleton, of New York City, and Walter M. O'Brien, of Washington, D. C. (Henry C. Little, of New York City, of counsel), 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,...

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In Re McKee, Patent Appeals No. 3938 (1938)

95 F.2d 264 (1938) In re McKEE. Patent Appeals No. 3938. Court of Customs and Patent Appeals. March 28, 1938. Roy W. Johns, of Chicago, Ill., for appellant. *265 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. LENROOT, Associate Judge. This is an appeal from a decision of the Board of Appeals of the United States Patent Office,...

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Brand v. Thomas, Patent Appeals No. 3927 (1938)

96 F.2d 301 (1938) BRAND v. THOMAS. Patent Appeals No. 3927. Court of Customs and Patent Appeals. April 25, 1938. C. B. Des Jardins, of Washington, D. C. (George Ramsey, of New York City, and Church & Church, of Washington, D. C., of counsel), for appellant. H. Frank Wiegand, of New York City (Edwin R. Hutchinson, of Washington, D. C., and William Lang, of New York City, of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges....

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American Brewing Co. v. Delatour Beverage Corp., Patent Appeal No. 4022 (1938)

100 F.2d 253 (1938) AMERICAN BREWING CO., Inc., v. DELATOUR BEVERAGE CORPORATION. [*] Patent Appeal No. 4022. Court of Customs and Patent Appeals. December 19, 1938. Mason, Fenwick & Lawrence, of Washington, D. C. (Edward G. Fenwick and Charles R. Fenwick, both of Washington, D. C., of counsel), for appellant. Charles R. Allen, of Washington, D. C., for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. LENROOT, Associate Judge. This is an...

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Ireland v. Smith, Patent Appeal No. 3983 (1938)

97 F.2d 95 (1938) IRELAND v. SMITH. Patent Appeal No. 3983. Court of Customs and Patent Appeals. June 6, 1938. Eugene C. Taylor, of Washington, D. C., for appellant. Raymond D. Smith, pro se (A. D. Adams, of Washington, D. C., of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. *96 LENROOT, Associate Judge. This is an interference proceeding, wherein the Board of Appeals of the United States Patent Office affirmed a decision...

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In Re Merz, Patent Appeal No. 3973 (1938)

97 F.2d 599 (1938) In re MERZ. Patent Appeal No. 3973. Court of Customs and Patent Appeals. June 27, 1938. Ellis S. Middleton, of New York City, and Walter M. O'Brien, 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. BLAND, Associate Judge. A number of claims relating to a process for purifying...

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In Re Lewis, Patent Appeal No. 3967 (1938)

96 F.2d 1009 (1938) In re LEWIS. Patent Appeal No. 3967. Court of Customs and Patent Appeals. June 6, 1938. *1010 Laurence B. Dodds, of New York City, and J. D. Stewart, of Washington, D. C., for appellant. R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for the Commissioner of Patents. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. JACKSON, Associate Judge. This is an appeal from a decision of the Board...

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In Re Soll, Patent Appeal No. 3964 (1938)

97 F.2d 623 (1938) In re SOLL. Patent Appeal No. 3964. Court of Customs and Patent Appeals. June 27, 1938. Gordon C. Mack, of Akron, Ohio (R. H. Waters, of Akron, Ohio, of counsel), for appellant. R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for the Commissioner of Patents. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. BLAND, Associate Judge. Ten claims of appellant's application for a patent relating...

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Englander v. Continental Distilling Co., Patent Appeal No. 3949 (1938)

95 F.2d 320 (1938) ENGLANDER v. CONTINENTAL DISTILLING CO. Patent Appeal No. 3949. Court of Customs and Patent Appeals. April 4, 1938. *321 Louis B. Englander, of Newark, N. J., for appellant. Leonard L. Kalish, of Philadelphia, Pa., 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 Patents affirming the decision of...

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In Re Dutch Maid Ice Cream Co., Patent Appeal No. 3935 (1938)

95 F.2d 262 (1938) In re DUTCH MAID ICE CREAM CO. Patent Appeal No. 3935. Court of Customs and Patent Appeals. March 28, 1938. *263 Lester L. Sargent, 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. JACKSON, Associate Judge. This is an appeal from a decision of the Commissioner of Patents...

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In Re Barge, Patent Appeal No. 3930 (1938)

96 F.2d 314 (1938) In re BARGE. Patent Appeal No. 3930. Court of Customs and Patent Appeals. April 25, 1938. Morrison, Kennedy & Campbell, of New York City (Luther E. Morrison and James E. Curtiss, both of New York City, of counsel), 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. BLAND, Associate Judge. All of...

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EZ Mills, Inc. v. Martin Bros. Co., Patent Appeal No. 3920 (1938)

95 F.2d 269 (1938) E-Z MILLS, Inc., v. MARTIN BROS. CO. Patent Appeal No. 3920. Court of Customs and Patent Appeals. March 28, 1938. *270 Joseph W. Milburn, of Washington, D. C. (John A. Griesbauer, of Washington, D. C., of counsel), for appellant. F. C. Caswell, of Minneapolis, Minn., for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. LENROOT, Associate Judge. This is a trade-mark cancellation proceeding under the Trade-mark Act of...

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Younghusband v. Kurlash Co., Patent Appeal No. 3915 (1938)

94 F.2d 230 (1938) YOUNGHUSBAND v. KURLASH CO., Inc. Patent Appeal No. 3915. Court of Customs and Patent Appeals. February 7, 1938. James R. McKnight, of Chicago, Ill., and Paul Finckel, of Washington, D. C., for appellant. Joseph J. Juhass, of New York City, for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. LENROOT, Associate Judge. This is an appeal from a decision of the Commissioner of Patents sustaining an *231 opposition filed by...

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In Re Riverbank Canning Co., Patent Appeal No. 3882 (1938)

95 F.2d 327 (1938) In re RIVERBANK CANNING CO. Patent Appeal No. 3882. Court of Customs and Patent Appeals. April 4, 1938. Jackson & Webster, of San Francisco, Cal. (Charles R. Allen and William G. MacKay, both of Washington, D. C., of counsel), 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. LENROOT, Associate...

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In Re Wadman, Patent Appeal No. 3872 (1938)

94 F.2d 993 (1938) In re WADMAN. Patent Appeal No. 3872. Court of Customs and Patent Appeals. February 28, 1938. R. D. Brown and S. F. Parham, both of Hartford, Conn. (V. M. Dorsey, of Washington, D. C., of counsel), 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. JACKSON, Associate Judge. This is an appeal from a...

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In Re Eppinger, Patent Appeal No. 3871 (1938)

94 F.2d 401 (1938) In re EPPINGER. Patent Appeal No. 3871. Court of Customs and Patent Appeals. February 7, 1938. Myron J. Dikeman, of Detroit, Mich., 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. BLAND, Associate Judge. The Examiner of the design division of the United States Patent Office finally rejected all...

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Bon Ami Co. v. McKesson & Robbins, Patent Appeal No. 3865 (1938)

93 F.2d 915 (1938) BON AMI CO. v. McKESSON & ROBBINS, Inc. Patent Appeal No. 3865. Court of Customs and Patent Appeals. January 24, 1938. George Link, Jr., of New York City, for appellant. Samuel Herrick, of Washington, D. C. (Philip F. Herrick, of Washington, D. C., of counsel), for appellee. Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges. BLAND, Associate Judge. The appellee filed an application to register the trade-mark "Shav-ami," which it...

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Wislar v. United States, Customs Appeal No. 4141 (1938)

97 F.2d 152 (1938) WISLAR v. UNITED STATES. Customs Appeal No. 4141. Court of Customs and Patent Appeals. June 6, 1938. Edwin R. Wakefield, of New York City, for appellant. Charles D. Lawrence, Acting Asst. Atty. Gen. (Charles J. Miville, Sp. Atty., and James F. Donnelly, Junior Atty., both of New York City, of counsel), for the United States. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, and LENROOT, Associate Judges. GARRETT, Presiding Judge. This is an appeal from a judgment of the...

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