Lapas attēli
PDF
ePub

Topliff v. Topliff et al., 145 U. S. 156.

Townsend v. Smith, 17 C. C. P. A. 647.
Tracy v. Leslie, 14 App. D. C. 126_

Traitel. Ex parte, 25 O. G. 783.

Traitel Marble Co. v. U. T. Hungerford Brass & Copper Co., 22 F. (2d) 259.

Traver v. Brown, 14 App. D. C. 34.

Truax v. Childs Co., 162 F. 917.

Try-Me Beverage Co. v. Metropole, 25 F. (2d) 138.

Turner v. Lanter Piano Co., 248 F. 933

Tyler v. Galloway, 12 F. 567_.

Page

134, 246

148, 320, 679

624

119

345, 393

453

134

695

562

710

747

Typewriter Hilliardized, Inc., v. Corona Typewriter Co., 43 F. (2d) 961-

U

Underwood Typewriter Co. v. Elliott-Fisher Co., 165 F. 927–
Union Biscuit Co. v. Peters, 125 F. 601__.

76

53

Union Paper-Bag Mach. Co. v. Waterbury et al., 39 F. 389....

436, 710

Union Typewriter Co. v. L C Smith & Bros. Typewriter Co., 173 F. 288_
United Lace and Braid Mfg. Co. v. Barthels Mfg. Co., 43 App. D. C. 200.
United Shoe Mach. Co. v. United States, 258 U. S. 451.
United States v. American Bell Tel. Co., 167 U. S. 224.

[blocks in formation]

United States Gypsum Co. v. Plastoid Prod., 18 C. C. P. A. 954–
United States Mitis Co. v. Midvale Steel Co., 135 F. 103.

642

91, 418

Vacuum Cleaner Co. v. Thompson, 258 Fed. 239.

Van Auken, etc., v. Cummings, 18 C. C. P. A. 1250_

Van Camp Sea Food, Inc., v. Westgate Sea Products:

28 F. (2d) 957.

18 C. C. P. A. 1311.

Vanore v. Improta, 58 App. D. C. 130.

377

461

527, 567

575, 652

129, 320

Victor Stove Company v. Hall-Neal Furnace Co., 58 App. D. C. 52____ 187, 544 Voorhees. In re, 17 C. C. P. A. 1162.

[blocks in formation]

Waltke & Co., William, v. Geo. H. Schafer & Co., 49 App. D. C. 254.
Wappler Electric Co. v. Bronx Hospital & Dispensary, 28 F. (2d) 419__

52

137, 167

Warner & Co. v. Lilly & Co., 265 U. S. 526_.

588

Warner-Patterson Co. v. Malcomb, 17 C. C. P. A. 984

403, 626

[blocks in formation]

Weber Electric Company v. Freeman Electric Company, 256 U. S. 668
Webster Loom Co. v. Higgins, 105 U. S. 580-

719

182, 664

Western Electric Co. v. La Rue, 139 U. S. 601.

207

Western Electric Company v. Martin, 39 App. D. C. 147.

158

Westinghouse v. Boyden Power Brake Co., 170 U. S. 537.

17

Westinghouse v. Duncan, 2 App. D. C. 131.

409

Westinghouse Elec. &. Elec. Mfg. Co. v. DeForest, 21 F. (2d) 918...
Westinghouse Elec. & Mfg. Co. v. Saranac Elec. Light Co., 108 F. 221_

[blocks in formation]

Wietzel v. Lacy, 17 C. C. P. A. 943.

Wilcox and Gibbs S. M. Co. v. The Merrow Mach. Co., 1898 C. D. 584.
Wilkins Co., John H. Ex parte, 128 MS. Dec. 409_.

Williams. In re, 17 C. C. P. A. 718_

233

392

368

137, 206

Williams v. Barnard, 41 F. 358.

Williams Co. v. Miller et al., 107 F. 290_

Williams Co., J. B., v. Williams, 18 C. C. P. A. 1133.

Williams Oil-O-Matic Heating Corp. v. The Butler Company, 17 C. C.
P. A. 934.

Williamson Candy Co. v. Ucanco Candy Co., 3 F. (2d) 655.

Wilson v. Janes, 3 Blatch. 227.

Winans v. Denmead, 56 U. S. 329

Windle v. Parks & Woolson Machine Co., 134 F. 381_

Winslow v. Austin, 14 App. D. C. 137__

Wirebounds Patents Co. v. Chicago Mill & Lumber Co. 238 F. 929.

Wirebounds Patents Co. v. Gibbons Box Co., 25 F. (2d) 363.

Wirebounds Patents Co. v. Saranac, etc., 37 F. (2d) 830_

Woods v. Poor, 29 App. D. C. 397–

Woods & Sons, John, v. Carl, 203 U. S. 358.

Woodsome. In re, 56 App. D. C. 138.

Page

710

658

481, 638

74

481

733

27

749

593

723

721

345, 436, 473

155

730

210, 473 165

202, 731

382

382

Woolwine. Ex parte, 97 O. G. 1373.

Worden v. California Fig Syrup Co., 187 U. S. 516__.

Worcester Brewing Corporation v. Rueter & Company, 30 App. D. C. 428_
Wrigley, jr., & Company, William, v. Norris, 34 App. D. C. 138_

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

DECISIONS

OF THE

COMMISSIONER OF PATENTS

AND OF THE

BOARD OF APPEALS

FOR

THE YEAR 1931

EX PARTE MCBRIDES THEATRE TICKET OFFICES, INC.

Decided April 16, 1931

407 O. G. 1117

TRADE-MARKS-THEATRE TICKETS-MERCHANDISE.

Theatre tickets Held to be merely tokens of service and not merchandise within the meaning of the Trade-Mark Act and a mark used thereon properly refused registration.

ON APPEAL.

Mr. E. F. Wenderoth for applicant.

KINNAN, First Assistant Commissioner:

The applicant has appealed from the decision of the Examiner of Trade-Marks denying registration under the ten-year proviso of the Trade-Mark Act of February 20, 1905, as amended, of the name "McBride's" as a trade-mark applied to tickets for amusement enterprises.

Registration was refused on the ground that the goods upon which the name is used are merely tokens of service and not goods or merchandise which are sold and consequently the trade-mark is not "used in commerce."

The applicant purchases and resells theatre tickets. These tickets, as well stated by the Examiner, obviously have no intrinsic value but are mere evidences of a contract entered into between the seller and the purchaser to furnish the latter an entertainment.

The Examiner has relied upon certain adjudicated cases in support of his ruling and the applicant has invited attention to various

additional adjudicated cases upon which reliance is placed in support of the appeal. A review of the cases referred to by the applicant fails to support the contention that the bits of pasteboard in themselves possess, any intrinsic value or are goods or merchandise in any sense save that they are mere evidence that their owners have purchased a right to certain service of the nature and to be rendered at a time indicated upon the ticket.

While the language of some of these adjudicated cases might be construed to indicate property in the bit of pasteboard comprising the ticket yet a careful reading of such cases shows clearly enough that property or the thing that is sold resides in a right to enjoy or be present at an entertainment. It is deemed plain the applicant is not entitled to the registration sought.

The decision of the Examiner is affirmed.

THOMPSON v. KELLER

Decided May 23, 1931

407 O. G. 1117

INTERFERENCE-PATENT AND APPLICATION-APPLICATION FOR REISSUE OF PATENT-OPEN TO INSPECTION BY OPPOSING PARTY.

Where an applicant for the reissue of a patent is involved in interference on the original patent, the application for reissue will, ordinarily, be open to inspection by the interfering party, upon his request.

RECOMMENDATION of the Examiner of Interferences.

Messrs. Pennie, Davis, Marvin & Edmonds for Thompson. Mr. De Witt C. Tanner, Mr. John G. Roberts, Mr. Joel C. R. Palmer, and Mr. E. W. Adams for Keller.

KINNAN, First Assistant Commissioner:

The Examiner of Interferences under date of May 18, 1931, has submitted to the Commissioner a recommendation that the Thompson reissue application Serial No. 419,692 be made special. A copy of the recommendation of the Examiner of Interferences is enclosed.

The record of the interference is fully set forth in a decision of the Examiner of Interferences dated May 18, 1931, suspending "proceedings in this interference until the Thompson reissue application has been finally disposed of and Thompson has been thus definitely limited to one of his present two conflicting positions."

The party Keller copied certain claims from the Thompson patent and the interference resulted. The application for reissue of the Thompson patent was filed before the declaration of the interference and in such reissue application the claims involved in the interference were omitted although many other claims additional to those of the original patent were made in the reissue application. There has been filed in the interference record a statement of counsel for the applicant for reissue that no claims appear in this reissue application which could be made in the application of Keller with which the patentee is in interference.

It is clear this interference should not be determined or terminated until the reissue application filed by the party Thompson is

either granted or abandoned, to the end that the status of the original Thompson patent be first finally settled. Should the party Thompson however unduly delay the prosecution of his reissue application the party Keller may, upon renewed motion, again raise the question of entering judgment in the interference prior to the final disposition. of the reissue application. Under the conditions here present it is thought the party Keller should, in order to protect his interests, be in position to know the status of the reissue application since obviously there may be presented at any time before final allowance of such reissue application claims which would interfere with subject matter claimed by the party Keller. Where therefore, as in the present case, an applicant for reissue of a patent is involved in an interference as to the original patent, the reissue application will, ordinarily, be open during the interference for inspection by the interfering party, upon his request, to the end that the entire controversy between the parties may be terminated in one proceeding. The present situation of the instant interference justifies vacating my decision of March 24, 1931, in which the party Keller was denied access to the reissue application, and it is now held that such party may during the interference have access to the Thompson reissue application.

Applications for reissue of patents are under the rules made special and the Examiner will so far as practicable expedite the prosecution of the reissue application. To the extent indicated, the recommendation of the Examiner of Interferences is approved.

EX PARTE HOLMES

Decided May 28, 1928
410 O. G. 3

DIVISION-ELECTRIC MOTORS FOR MINING MACHINES AND MINING MACHINES. Division Held properly required between claims which, while mentioning a mining machine in the preamble, recite as elements only motor structure of general application and features of construction provided for preventing sparks produced by the motor from igniting surrounding gas, and claims which include not only the motor and its protective means, but also the cutting and feeding mechanism of the mining machine and frame structure of special use only with such a machine.

[This application has resulted in Patent No. 1,720,364, July 9, 1929] APPEAL from Examiners in Chief.

Messrs, Cushman Bryant & Darby for the appellant.

KINNAN, First Assistant Commissioner:

Applicant has appealed from the decision of the Examiners in Chief affirming that of the Examiner requiring division between the group of claims 1 to 9, inclusive, and 16, directed to an electric motor structure and the group of claims 10 to 15, inclusive, drawn more specifically to a mining machine.

The following claims are illustrative of the two groups:

7. A mining machine having an electric motor, an enclosure therefor having flame-proof inlets and outlets communicating with the atmosphere, a main frame secured to said enclosure, power transmission means carried by said main

« iepriekšējāTurpināt »