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MARZALL v. LIBBY, McNEILL & LIBBY

No. 10753.

188 F.2d 1013 (1951)

MARZALL, Commissioner of Patents v. LIBBY, McNEILL & LIBBY.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1951.

Attorney(s) appearing for the Case

Joseph Schimmel, United States Patent Office, Washington, D. C., with whom Mr. E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellant.

Francis C. Browne, Washington, D. C., with whom Mr. Nelson J. Jewett, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN, PROCTOR, and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This case relates to the refusal of the Patent Office to institute certain trademark opposition proceedings, on the ground that the statutory fee was not paid within the permitted time.

On November 15, 1949, there was officially published an application by the F. A. Gosse Company for a certain trade-mark. On December 15, 1949 (i. e., within the following 30 days), the Libby Company filed with the Patent Office a paper entitled "Notice...

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