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WILLIAMS OIL-O-MATIC HEATING CORPORATION v. BUTLER CO.

Patent Appeal No. 2296.

39 F.2d 693 (1930)

WILLIAMS OIL-O-MATIC HEATING CORPORATION v. BUTLER CO.

Court of Customs and Patent Appeals.

April 10, 1930.

Attorney(s) appearing for the Case

Langdon Moore, of Chicago, Ill., and James Atkins, of Washington, D. C., for appellant.

Joseph A. Minturn and Herbert A. Minturn, both of Indianapolis, Ind. (Robt. E. Barry, of Washington, D. C., of counsel), for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

HATFIELD, Associate Judge.

This is an appeal, in a trade-mark cancellation proceeding, from the decision of the Commissioner of Patents affirming the decision of the Examiner of Interferences dismissing appellant's application for the cancellation of the registration of appellee's trade-mark "Oilomatic" for use on windmills.

Appellant alleges in its application that it has used the word "Oil-O-Matic" as a trade-mark for liquid fuel-burning devices (oil burners...

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