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IN RE EFFERVESCENT PRODUCTS

Patent Appeal No. 4650.

132 F.2d 142 (1942)

In re EFFERVESCENT PRODUCTS, Inc.

Court of Customs and Patent Appeals.

December 1, 1942.

Attorney(s) appearing for the Case

Edward S. Rogers, William T. Woodson, and James H. Rogers, all of Chicago, Ill., and Thomas L. Mead, Jr., of Washington, D. C., for appellant.

W. W. Cochran, of Washington, D. C., for the Commissioner of Patents.

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

JACKSON, Associate Judge.

Appellant filed its application for registration of the mark "Acetyl-Vess" as applied to alkaline effervescent tablets having an analgesic-antipyretic action, in Class 6, chemical, medicines, and pharmaceutical preparations.

The Examiner of Trade-Marks refused registration until the word "Acetyl" was disclaimed. The examiner held that word to be descriptive and believed it to be common property. Upon appeal the Commissioner of Patents...

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