IN RE WALKER-GORDON LABORATORY CO.

Patent Appeal No. 2813.

53 F.2d 548 (1931)

In re WALKER-GORDON LABORATORY CO.

Court of Customs and Patent Appeals.

December 7, 1931.


Attorney(s) appearing for the Case

E. Clarkson Seward and W. Saxton Seward, both of New York City, for appellant.

T. A. Hostetler, of Washington, D. C., for Commissioner of Patents.

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


GARRETT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents, affirming the decision of the Examiner of Trade-Marks, refusing registration as a trade-mark of "a substantially silver colored cap for milk bottles."

It appears that what appellant seeks to register is the physical article; that is, the cap itself, and the merchandise to which it is applied is the milk.

The drawing shows a form of bottle cap having imprinted...

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