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BARRON-GRAY PACKING CO. v. KINGSLAND

No. 9634.

171 F.2d 576 (1948)

BARRON-GRAY PACKING CO. v. KINGSLAND, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided October 12, 1948.

Attorney(s) appearing for the Case

Mr. Curtis F. Prangley, of Chicago, Ill., with whom Messrs. James Ballard Moore, of Chicago, Ill., and Charles L. Sturtevant, Jr., of Washington, D. C., were on the brief, for appellant.

Mr. Edwin L. Reynolds, United States Patent Office, of Washington, D. C., with whom Messrs. W. W. Cochran, Solicitor, United States Patent Office, and Walter J. Derenberg, United States Patent Office, both of Washington, D. C., were on the brief, for appellee.

Before EDGERTON, CLARK, and PRETTYMAN, Circuit Judges.

CLARK, Circuit Judge.

This is a proceeding under R. S. Section 4915.1

It is agreed by both parties in the case that the sole question presented by this appeal is whether the successful opposer in a Patent Office trade-mark opposition proceeding is an indispensable party to a subsequent § 4915 action brought in the District Court against the Commissioner of Patents alone after the Commissioner had denied registration of the...

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