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IN RE BAILEY METER CO.

Patent Appeal No. 4118.

102 F.2d 843 (1939)

In re BAILEY METER CO.

Court of Customs and Patent Appeals.

April 10, 1939.

Attorney(s) appearing for the Case

Smith, Michael & Gardiner, of Washington, D. C. (William A. Smith, Jr., of Washington, D. C., 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.

JACKSON, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents which affirmed that of the Examiner of Trade-Marks refusing registration under the Act of February 20, 1905, 15 U.S.C.A. § 81 et seq., of the term "Boiler Meter," as a trade-mark "for meters and devices adapted to continuously indicate and/or record in comparison and value-determining relation the instantaneous values of the rate of flow of two or more flowing fluids of...

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