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IN RE WINCHESTER REPEATING ARMS CO.

Patent Appeal No. 3273.

69 F.2d 567 (1934)

In re WINCHESTER REPEATING ARMS CO.

Court of Customs and Patent Appeals.

April 2, 1934.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Arba B. Marvin, of New York City, and Clarence M. Fisher, of Washington, D. C., of counsel), for appellant.

T. A. Hostetler, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for the Commissioner of Patents.

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

LENROOT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents, affirming a decision of the Examiner of Trade-Marks, denying registration of the mark applied for by appellant.

Appellant's application states that, "The trade mark consists of a gold-colored shift button in the trigger of a gun."

Appellant manufactures a type of shotgun which is described in its brief as follows: "* * * It is a double barrel shot-gun with but...

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