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IN RE W. A. SHEAFFER PEN CO.

Patent Appeal No. 5211.

158 F.2d 390 (1946)

In re W. A. SHEAFFER PEN CO.

Court of Customs and Patent Appeals.

December 9, 1946.

Attorney(s) appearing for the Case

Thorley von Holst, of Chicago, Ill. (M. Hudson Rathburn, of Chicago, Ill., and Edwin R. Hutchinson, of Washington, D. C., of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (Pasquale J. Federico, of Washington, D. C., of counsel), for Commissioner of Patents.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.

O'CONNELL, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents refusing to register appellant's mark "Fineline," 65 USPQ 171, as applied to mechanical pencils, parts thereof, and leads therefor. The ground of refusal was that the mark is descriptive of the character or quality of the goods with which it is used and its registration prohibited under Section 5(b) of the Trade-Mark Act of February...

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