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APPLICATION OF LePAGE'S INCORPORATED

Patent Appeal Nos. 6855, 6856.

312 F.2d 455 (1963)

Application of LePAGE'S INCORPORATED (a Subsidiary of the Papercraft Corporation, and Assignee of Johnson & Johnson).

United States Court of Customs and Patent Appeals.

January 16, 1963.

Attorney(s) appearing for the Case

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

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for the Commissioner of Patents.

Before WORLEY, C. J., and RICH, MARTIN, and SMITH, Associate Judges, and Associate Judge JOSEPH R. JACKSON, Retired.

MARTIN, Judge.

This consolidated appeal is from the decision of the Trademark Trial and Appeal Board affirming the refusal of the examiner to register on the Principal Register a mark1 consisting of a dispensing container having a generally cylindrical centrally constricted body and cap and having a truncated cylindrical tip, and a mark2 which has the same overall configuration as the one just discussed but...

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