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IN RE R.M. SMITH, INC.

Appeal No. 84-556.

734 F.2d 1482 (1984)

In re R.M. SMITH, INC., et al.

United States Court of Appeals, Federal Circuit.

May 22, 1984.

Attorney(s) appearing for the Case

Thomas C. Wettach, Pittsburgh, Pa., argued for appellant.

Harris A. Pitlick, Washington, D.C., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and John W. Dewhirst, Associate Sol., Washington, D.C.

Before RICH, KASHIWA and SMITH, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board), 219 USPQ 629, in application serial No. 306,511, filed April 20, 1981, sustaining the examiner's refusal to register to R.M. Smith, Inc. (Smith) its product configuration on the Principal Register for "WATER NOZZLES." We affirm.

Background

Smith seeks...

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