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  5. 458 F.2d 1404 (1972)
 

APPLICATION OF ALLEN ELECTRIC & EQUIP. CO.

Patent Appeal No. 8721.

458 F.2d 1404 (1972)

Application of ALLEN ELECTRIC AND EQUIPMENT COMPANY, Assignee of Anzac Industries, Inc.

United States Court of Customs and Patent Appeals.

May 18, 1972.

Attorney(s) appearing for the Case

Albert L. Ely, Jr., Cleveland, Ohio (Ely, Golrick & Flynn), Cleveland, Ohio, attorneys of record, for appellant.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Jere W. Sears, Washington, D. C., A. D. Hooks, of counsel.

Before RICH, ALMOND, BALDWIN, LANE, Judges, and CLARK, Justice (Ret.), United States Supreme Court, sitting by designation.

BALDWIN, Judge.

This is an appeal from the Trademark Trial and Appeal Board's decision1 sustaining the refusal of the examiner to register the mark SCANNER for antennas on the ground that the mark is merely descriptive of appellant's goods.

The goods to which the mark is applied are described in appellant's application as "antennas." It is clear from the record that there are antennas which are known as "scanning antennas."

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