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APPLICATION OF McILHENNY COMPANY

Patent Appeal No. 6556.

278 F.2d 953 (1960)

Application of McILHENNY COMPANY.

United States Court of Customs and Patent Appeals.

May 24, 1960.

Attorney(s) appearing for the Case

Mead, Browne, Schuyler & Beveridge, William E. Schuyler, Jr., Andrew B. Beveridge, Washington, D. C. (Francis C. Browne, Washington, D. C., of counsel), for appellant.

Clarence W. Moore, Washington, D. C., for Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges.

MARTIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board affirming the trademark examiner's refusal to register on the Principal Register for pepper sauce a mark which "consists of a capped bottle of pepper sauce."

The specimen filed with the application for registration is a bottle having a cylindrical body about 3 inches high and about 1½ inches in diameter, and a tapering portion terminating in a cylindrical neck about...

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