IN RE AMERICAN CYANAMID & CHEMICAL CORPORATION

Patent Appeals No. 4007.

99 F.2d 964 (1938)

In re AMERICAN CYANAMID & CHEMICAL CORPORATION.

Court of Customs and Patent Appeals.

November 28, 1938.


Attorney(s) appearing for the Case

Ellis S. Middleton, of New York City, and Walter M. O'Brien, of Washington, D. C. (Henry C. Little, of New York City, of counsel), for appellant.

R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

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


BLAND, Associate Judge.

The Structural Gypsum Corporation made application in the United States Patent Office for the registration of its trade-mark "Gypsteel gypsum Plank" for use on pre-cast, incombustible, reinforced slabs of cementitious material. In the application the word "gypsum" was disclaimed.

The mark consists of the three words "Gypsteel gypsum Plank," the word "gypsum" being in small letters in a box superimposed on a portion of the word "Plank...

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