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IN RE BURGESS BATTERY CO.

Patent Appeal No. 4347.

112 F.2d 820 (1940)

In re BURGESS BATTERY CO.

Court of Customs and Patent Appeals.

June 24, 1940.

Attorney(s) appearing for the Case

Tesch & Darbo, of Chicago, Ill. (Clarence M. Fisher, of Washington, D. C., of counsel), for appellant.

Howard S. Miller, of Washington, D. C., for the Commissioner of Patents.

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

HATFIELD, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents affirming the decision of the Examiner of Trade-Marks denying appellant's application for the registration of an alleged trade-mark under the Trade-Mark Act of February 20, 1905, 15 U.S.C.A. § 81 et seq.

The mark in question, for use on "dry batteries" and "flash light cases," comprises, as stated in the decision of the Commissioner of Patents, "alternating black...

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