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APPLICATION OF BURGESS BATTERY CO.

Patent Appeal No. 4872.

142 F.2d 466 (1944)

Application of BURGESS BATTERY CO.

Court of Customs and Patent Appeals.

April 4, 1944.

Attorney(s) appearing for the Case

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

W. W. Cochran, of Washington, D. C. (R. F. Whitehead, of Washington, D. C., of counsel), for Commissioner of Patents.

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

LENROOT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents affirming a 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 sought to be registered consists of a shield design surrounded by alternating dark and light stripes of approximately equal width applied to dry batteries...

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