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APPLICATION OF REYNOLDS METALS COMPANY

Patent Appeal No. 9066.

480 F.2d 902 (1973)

Application of REYNOLDS METALS COMPANY.

United States Court of Customs and Patent Appeals.

June 28, 1973.

Attorney(s) appearing for the Case

Browne, Beveridge, DeGrandi & Kline, Washington, D. C., attorneys of record, for appellant. Francis C. Browne, Richard G. Kline, John M. Rommel, Washington, D. C., of counsel.

Joseph F. Nakamura, Acting Sol., Washington D. C., for the Commissioner of Patents. Raymond E. Martin, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge.

MARKEY, Chief Judge.

This is an appeal from a decision of the Trademark Trial and Appeal Board, abstracted at 172 USPQ 141 (1972), refusing registration of appellant's mark BROWN-IN-BAG for transparent plastic film bags.1 We reverse.

The Rejection

The application was first rejected on the premise that the mark was an informational slogan. The next and final refusal was based on the view that the mark was an informational...

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