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FALLS v. SCHOLL MFG. CO.

Patent Appeal No. 3803.

90 F.2d 499 (1937)

FALLS v. SCHOLL MFG. CO., Inc.

Court of Customs and Patent Appeals.

June 21, 1937.

Attorney(s) appearing for the Case

Clarence A. O'Brien, of Washington, D. C. (Charles E. A. Smith, Thomas E. Turpin, George C. Baldt, and Joseph A. O'Connell, all of Washington, D. C., of counsel), for appellant.

Stephen J. Cox, of New York City, for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents affirming the decision of the Examiner of Trade-mark Interferences holding that appellant was not entitled to the registration of the trademark "No-Vex" for use on an ointment for treating "athlete's foot, ringworm, dandruff and scalp and skin disorders."

In his application for registration, filed April 17, 1934, appellant alleged...

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