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APPLICATION OF SEARLE & CO.

Patent Appeal No. 7604.

360 F.2d 650 (1966)

Application of G. D. SEARLE & CO.

United States Court of Customs and Patent Appeals.

May 12, 1966.

Attorney(s) appearing for the Case

Walter C. Ramm, Chicago, Ill., for appellant.

Joseph Schimmel, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for Commissioner of Patents.

Before RICH, Acting Chief Judge, MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.

SMITH, Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board (143 USPQ 220) affirming the examiner's refusal to register the following term:

Registration of the above term is sought on the Principal Register1 as a trademark applied to "Pharmaceutical preparations in tablet form containing norethynodrel" asserted to be useful as an oral contraceptive. Exclusive right to use the word "pill" apart...

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