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IN RE CONTINENTAL OIL CO.

Patent Appeal No. 3424.

75 F.2d 217 (1935)

In re CONTINENTAL OIL CO.

Court of Customs and Patent Appeals.

February 25, 1935.

Attorney(s) appearing for the Case

Thos. E. Scofield, of Kansas City, Mo., 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, 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 denying registration of the words "Germ Processed" as a trade-mark for use on lubricating oils and greases.

The final decision of the Examiner of Trade-Marks was based upon the single ground of estoppel; that of the Commissioner of Patents, which is the decision we are called upon to review, was based upon both estoppel...

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