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IN RE ECCS, INC.

No. 95-1400.

94 F.3d 1578 (1996)

In re ECCS, INC.

United States Court of Appeals, Federal Circuit.

September 6, 1996.

Attorney(s) appearing for the Case

Mark B. Harrison, Spencer, Frank & Schneider, Washington, DC, argued for appellant.

Kevin T. Kramer, Associate Solicitor, U.S. Patent and Trademark Office, Arlington, Virginia, argued for the Commissioner. With him on the brief were Nancy J. Linck, Solicitor, Albin F. Drost, Deputy Solicitor, and Nancy C. Slutter, Associate Solicitor.

Before RICH, NEWMAN, and CLEVENGER, Circuit Judges.

RICH, Circuit Judge.

This is an ex parte appeal from a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (Board) affirming the Examining Attorney's refusal to register a trademark.

This might be called the case of the missing space for, as will hereinafter appear, in reality that is all that is involved.

It is also a sort of comedy of errors in which both the applicant and the PTO fail to deal with the...

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