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Court of Customs and Patent Appeals

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In Re Allen, Patent Appeal No. 4398 (1940)

115 F.2d 936 (1940) In re ALLEN. Patent Appeal No. 4398. Court of Customs and Patent Appeals. December 9, 1940. *937 Harold T. Stowell, of Washington, D. C. (Joseph N. Nielsen, of New York City, of counsel), for appellant. W. W. Cochran, 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. LENROOT, Associate Judge. This is an appeal from a decision...

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In Re Oberweger, Patent Appeal No. 4386 (1940)

115 F.2d 826 (1940) In re OBERWEGER. Patent Appeal No. 4386. Court of Customs and Patent Appeals. December 9, 1940. Sol Shappirio, of Washington, D. C., for appellant. W. W. Cochran, 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. Appellant has here appealed from the decision of the Board of Appeals of the United States...

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Kear v. Roder, Patent Appeal No. 4375 (1940)

115 F.2d 810 (1940) KEAR v. RODER. Patent Appeal No. 4375. Court of Customs and Patent Appeals. December 9, 1940. Rehearing Denied February 3, 1941. *811 J. F. Mothershead, of Washington, D. C. (Paul P. Stoutenburgh and Samuel Scrivener, Jr., both of Washington, D. C., of counsel), for appellant. Harry E. Dunham, of Schenectady, N. Y. (Merton D. Morse, of Schenectady, N. Y., and A. D. Salinger, of Boston, Mass., of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD,...

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In Re Arzberger, Patent Appeal No. 4351 (1940)

112 F.2d 834 (1940) In re ARZBERGER. Patent Appeal No. 4351. Court of Customs and Patent Appeals. June 24, 1940. John Boyle, Jr., of Washington, D. C. (F. M. Crawford and Stuart W. Scott, both of Terre Haute, Ind., of counsel), for appellant. Howard S. Miller, of Washington, D. C., for the 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...

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In Re Burgess Battery Co., Patent Appeal No. 4347 (1940)

112 F.2d 820 (1940) In re BURGESS BATTERY CO. Patent Appeal No. 4347. Court of Customs and Patent Appeals. June 24, 1940. Tesch & Darbo, of Chicago, Ill. (Clarence M. Fisher, of Washington, D. C., of counsel), for appellant. Howard S. Miller, of Washington, D. C., for the Commissioner of Patents. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. HATFIELD, Associate Judge. This is an appeal from the decision of the Commissioner of Patents affirming the...

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Frankfort Distilleries v. Kasko Distillers Prod. Corp., Patent Appeal No. 4305 (1940)

111 F.2d 481 (1940) FRANKFORT DISTILLERIES, Inc., v. KASKO DISTILLERS PRODUCTS CORPORATION. Patent Appeal No. 4305. Court of Customs and Patent Appeals. May 6, 1940. Rehearing Denied June 21, 1940. *482 R. J. Mawhinney, of Washington, D. C., for appellant. A. W. Murray, of Chicago, Ill., 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 opposition proceeding wherein the...

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Brown v. Edeler, Patent Appeal No. 4300 (1940)

110 F.2d 858 (1940) BROWN v. EDELER et al. Patent Appeal No. 4300. Court of Customs and Patent Appeals. April 8, 1940. *859 Norbert E. Birch, of Washington, D. C., for appellant. Watson, Cole, Grindle & Watson, of Washington, D. C. (Francis G. Cole, of Washington, D. C., of counsel), for appellees. Before BLAND, Acting Presiding Judge, and HATFIELD, LENROOT, and JACKSON, Associate Judges. LENROOT, Associate Judge. This is an appeal in an interference proceeding wherein the Board of Appeals of...

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McBride v. Teeple, Patent Appeal No. 4263 (1940)

109 F.2d 789 (1940) McBRIDE v. TEEPLE. Patent Appeal No. 4263. Court of Customs and Patent Appeals. February 26, 1940. Rehearing Denied April 5, 1940. *790 John H. Bruninga and John H. Sutherland, both of St. Louis, Mo. (Riordon & Riordon, of Washington, D.C., of counsel), for appellant. Chester H. Biesterfeld, of Wilmington, Del. (Fred S. Cross, of Wilmington, Del., of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. LENROOT,...

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In Re Land, Patent Appeal No. 4241 (1940)

109 F.2d 251 (1940) In re LAND. Patent Appeal No. 4241. Court of Customs and Patent Appeals. February 5, 1940. Donald L. Brown, of New York City (Brown & Jones, of New York City, of counsel), for appellant. Howard S. Miller, of Washington, D. C., for the Commissioner of Patents. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. BLAND, Associate Judge. The appeal in this case and a related appeal, 109 F.2d 246 , were argued together, by reason of the...

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Smith v. Bousquet, Patent Appeal No. 4235 (1940)

111 F.2d 157 (1940) SMITH v. BOUSQUET. Patent Appeal No. 4235. Court of Customs and Patent Appeals. April 29, 1940. Rehearing Denied June 21, 1940. Mastin G. White, of Washington, D. C. (Irvin G. Menikheim, of Washington, D. C., of counsel), for appellant. John P. Hancock and Albert B. Griggs, both of Wilmington, Del. (Chester H. Biesterfeld, of Wilmington, Del., of counsel), for appellee. *158 Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges....

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Lever Bros. Co. v. Sitroux Co., Patent Appeal No. 4194 (1940)

109 F.2d 445 (1940) LEVER BROS. CO. v. SITROUX CO., Inc. Patent Appeal No. 4194. Court of Customs and Patent Appeals. February 5, 1940. Spencer A. Studwell and Harry A. English, both of New York City, for appellant. W. Lee Helms, of New York City, for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. BLAND, Associate Judge. Appellant has appealed here from a decision of the Commissioner of Patents, affirming that the Examiner of...

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White House Milk Products Co. v. Dwinell-Wright Co., Patent Appeal No. 4153 (1940)

111 F.2d 490 (1940) WHITE HOUSE MILK PRODUCTS CO. v. DWINELL-WRIGHT CO. Patent Appeal No. 4153. Court of Customs and Patent Appeals. May 6, 1940. Rehearing Denied June 21, 1940. *491 Munn, Anderson & Liddy, of New York City (Sylvester J. Liddy, of New York City, of counsel), for appellant. Mason, Fenwick & Lawrence, of Washington, D. C. (Edward T. Fenwick, Edward G. Fenwick, and Charles R. Fenwick, all of Washington, D. C., of counsel), for appellee. Before GARRETT, Presiding Judge, and BLAND,...

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William S. Merrell Co. v. Anacin Co., Patent Appeal No. 4133 (1940)

109 F.2d 339 (1940) WILLIAM S. MERRELL CO. v. ANACIN CO. Patent Appeal No. 4133. Court of Customs and Patent Appeals. February 5, 1940. *340 Murray, Sackhoff & Paddack, of Cincinnati, Ohio, for appellant. Edward S. Rogers, William T. Woodson, and James H. Rogers, all of Chicago, Ill., for appellee. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. BLAND, Associate Judge. This is an opposition proceeding filed by the opposer-appellee, the Anacin...

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V. Mueller & Co. v. United States, Customs Appeal No. 4299 (1940)

115 F.2d 354 (1940) V. MUELLER & CO. v. UNITED STATES. Customs Appeal No. 4299. Court of Customs and Patent Appeals. November 8, 1940. *355 *356 Barnes, Richardson & Colburn, of New York City (Joseph Schwartz, of New York City, of counsel), for appellant. Charles D. Lawrence, Acting Asst. Atty. Gen. (Richard F. Weeks, Sp. Atty., of New York City, of counsel), for the United States. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. GARRETT, Presiding...

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FW Woolworth Co. v. United States, Customs Appeal No. 4297 (1940)

115 F.2d 348 (1940) F. W. WOOLWORTH CO. v. UNITED STATES. Customs Appeal No. 4297. Court of Customs and Patent Appeals. November 8, 1940. Sharretts & Hillis, of New York City (Edward P. Sharretts, of New York City, of counsel), for appellant. Charles D. Lawrence, Acting Asst. Atty. Gen. (Joseph F. Donohue, Sp. Atty., of New York City, of counsel), for the United States. Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges. GARRETT, Presiding Judge. This...

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