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IN RE AMERICAN FERTILITY SOC.

No. 98-1540.

188 F.3d 1341 (1999)

In re The AMERICAN FERTILITY SOCIETY (now known as American Society for Reproductive Medicine)

United States Court of Appeals, Federal Circuit.

August 19, 1999.

Attorney(s) appearing for the Case

Mark S. Sommers, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Washington, DC, argued, for the appellant. With him on the brief was Douglas A. Rettew.

Joseph G. Piccolo, Associate Solicitor, Office of the Solicitor, U.S. Patent and Trademark Office, Arlington, Virginia, argued, for the appellee. With him on the brief were Albin F. Drost, Acting Solicitor, and Michael J. Donnelly, Associate Solicitor. Of counsel was Nancy C. Slutter, Associate Solicitor.

Before MICHEL and GAJARSA, Circuit Judges, and CUDAHY, Senior Circuit Judge.

MICHEL, Circuit Judge.

The American Fertility Society, now known as the American Society for Reproductive Medicine ("Society"), appeals the May 18, 1998, decision of the Trademark Trial and Appeal Board ("Board") upholding the United States Patent and Trademark Office's ("PTO's") requirement that the Society disclaim the phrase SOCIETY FOR REPRODUCTIVE MEDICINE in order to register its mark, AMERICAN SOCIETY FOR REPRODUCTIVE MEDICINE, on the supplemental register...

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