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APPLICATION OF HONEYWELL, INC.

Patent Appeal No. 76-526.

532 F.2d 180 (1976)

Application of HONEYWELL, INC.

United States Court of Customs and Patent Appeals.

April 1, 1976.

Attorney(s) appearing for the Case

LeRoy Rice, attorney of record, Minneapolis, Minn., for appellant. Molinare, Allegretti, Newitt & Witcoff, Chicago, Ill., of counsel.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents. Gerald H. Bjorge, Washington, D. C., of counsel.

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

MILLER, Judge.

This appeal is from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board ("board"), 187 USPQ 576 (1975), affirming, on the ground of functionality, the refusal of the Examiner of Trademarks to register appellant's asserted trademark for thermostats. We affirm.

The matter asserted to be a trademark is a portion of the configuration of a thermostat and, as set forth in the drawings accompanying the application to register...

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