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APPLICATION OF MINNESOTA MINING AND MANUFACTURING CO.

Patent Appeal No. 7174.

335 F.2d 836 (1964)

Application of MINNESOTA MINING AND MANUFACTURING COMPANY.

United States Court of Customs and Patent Appeals.

August 27, 1964.

Attorney(s) appearing for the Case

Mark W. Gehan, Charles H. Lauder, St. Paul, Minn. (Carpenter, Abbott, Coulter & Kinney, St. Paul, Minn., of counsel), for appellant.

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

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

RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board (136 U.S.P.Q. 676, abstract) refusing to register, on the Supplemental Register, appellant's mark on the sole ground that it constitutes the overall configuration of the goods and as such "does not constitute proper subject matter for registration" on the Supplemental Register. No reference is relied on.

The board so held...

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