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WHITMAN PUB. CO. v. McLOUGHLIN BROS.

Patent Appeal No. 3982.

97 F.2d 608 (1938)

WHITMAN PUB. CO. v. McLOUGHLIN BROS., Inc.

Court of Customs and Patent Appeals.

June 27, 1938.

Attorney(s) appearing for the Case

A. Yates Dowell, of Washington, D. C., and Edward S. Rogers, of Chicago, Ill., for appellant.

Edmund H. Parry, Jr., of Washington, D. C., for appellee.

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

GARRETT, Presiding Judge.

This is an interference proceeding involving applications for the registration of a trade-mark in the United States Patent Office. It comes to us by appeal from a decision of the Commissioner of Patents, speaking through the Assistant Commissioner, awarding priority to appellee. The commissioner's decision reversed that of the Examiner of Interferences who dissolved the interference without ruling upon the question of priority.

The...

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