Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases
"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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Affirmed alleged appellant's appellee application awarded base Board of Appeals carbon cause circuit cited claims closed combination Commissioner of Patents Company comprising conception confusion connection considered consists constitute construction containing contends counts court Court of Customs Customs and Patent cylinder Decided decision described descriptive device disclosed disclosure drawings effect elements entitled establish evidence Examiner extending fact filed follows Held holding interference invention involved issue lower machine manufacture March mark material matter means mechanism method opening operation opinion opposition original party Patent Appeals Patent Office pistons portion position practice present pressure prior art priority proceeding produced properties question reason record reduced reference registration rejected relation respective result reversed rubber rule shaft shown shows side similar specification statement structure substantially term testimony tion trade-mark tribunals United
Page 39 - ... 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...
Page 324 - 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 actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 553 - Court certified copies of all the original papers and evidence in the case, and the Commissioner shall furnish the Court with the grounds of his decision, fully set forth in writing, touching all the points involved by the reasons of appeal.
Page 121 - ... no new matter shall be introduced into the specification, nor in the case of a machine patent shall the model or drawings be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the Commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid.
Page 359 - A separate defense may defeat a joint recovery, but it cannot deprive a plaintiff of his right to prosecute his own suit to final determination in his own • way. The cause of action is the subject-matter of the controversy, and that is, for all the purposes of the suit, whatever the plaintiff declares it to be in his pleadings.
Page 246 - That no mark by which the goods of the owner of the mark may be distinguished from other goods of the same class...
Page 554 - This is an appeal, in a trade-mark opposition proceeding, from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing the notice of opposition and holding that appellee was entitled to the registration of the trade-mark "Society" for use on certain articles of clothing, namely, dress shirts, negligee shirts, blouses, boys
Page 245 - Associate Judge. This is an appeal from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing the notice of opposition of appellant, and holding that appellee was entitled to the registration of the trade-mark "Adjust-0-Matie," for use on adjustable and thermostatically controlled electric sadirons — flatirons.
Page 345 - If It appear after a hearing before the examiner that the registrant was not entitled to the use of the mark at the date of his application for registration thereof, or that the mark is not used by the registrant, or has been abandoned, and the examiner shall so decide, the commissioner shall cancel the registration. Appeal may be taken to the commissioner in person from the decision of examiner of interferences.