Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases
U.S. Government Printing Office, 1946
"Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.
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acid affirmed alleged allowed apparatus appealed claims appellant appellant's appellee application Associate Board of Appeals brief called cited claims coating combination Commissioner of Patents Company comprising connection considered container contention continuing Corporation counsel count court cover decision decree defined described descriptive determining device disclosed disclosure effect element entitled et al evidence examiner fact fibers filed follows further glass ground Hartford held holding interference invention involved issue Judge license limitation liquid machine manufacture mark material matter means merely metal method operation opinion original party Patent Office portion position practice present pressure prior art properties question reasons record reference registration rejected relating respect result royalties rule shown similar specification statement structure substantially sufficient suggested suit surface term tests tion trade-mark United USPQ
2. lappuse - ... (b) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof.
49. lappuse - ... which so nearly resemble a registered or known trade-mark owned and in use by another, and appropriated to merchandise of the same descriptive properties, as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers...
244. lappuse - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question...
244. lappuse - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action, between the same parties, upon a different claim or cause of action.
2. lappuse - That no mark which consists merely in the name of an individual, firm, corporation, or association, not written, printed, impressed, or woven in some particular or distinctive manner...
560. lappuse - At the same time, a patent is an exception to the general rule against monopolies and to the right to access to a free and open market. The far-reaching social and economic consequences of a patent, therefore, give the public a paramount interest in seeing that patent monopolies spring from backgrounds free from fraud or other inequitable conduct and that such monopolies are kept within their legitimate scope.
313. lappuse - ... six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or his agent...
86. lappuse - That no mark by which the goods of the owner of the mark may be distinguished from other goods of the same class...
63. lappuse - Associate Judges. HATFIELD, Associate Judge. This is an appeal from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority of invention of the subject matter defined by the counts in issue (Nos. 1 to 8, inclusive) to appellee, Paul G.