APPLICATION OF SIMMONS COMPANY

Patent Appeal No. 6552.

278 F.2d 517 (1960)

Application of SIMMONS COMPANY.

United States Court of Customs and Patent Appeals.

May 24, 1960.


Attorney(s) appearing for the Case

Soans, Anderson, Luedeka & Fitch, Cyril A. Soans, Chicago, Ill. (William E. Anderson, Chicago, Ill., of counsel), for appellant.

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

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.


WORLEY, Chief Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board of the United States Patent Office affirming the examiner's refusal to register appellant's alleged trademark for mattresses on the supplemental register.

As shown by the drawing of appellant's application, the mark comprises a series of horizontally spaced pairs of vertical rows of stitches which are applied on an outer vertical face of the mattress. The spacing...

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