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IN RE PACER TECHNOLOGY

No. 02-1602.

338 F.3d 1348 (2003)

In re PACER TECHNOLOGY.

United States Court of Appeals, Federal Circuit.

DECIDED: August 4, 2003.

Attorney(s) appearing for the Case

Thomas E. Schatzel, Law Offices of Thomas E. Schatzel, of Los Gatos, California, argued for appellant.

Raymond T. Chen, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and Cynthia C. Lynch, Associate Solicitor.

Before LOURIE, GAJARSA, and LINN, Circuit Judges.

GAJARSA, Circuit Judge.

Pacer Technology ("Pacer") appeals from a decision of the United States Patent and Trademark Office's ("PTO's") Trademark Trial and Appeal Board ("Board"), which affirmed the PTO's refusal to register as a trademark Pacer's adhesive container cap design on the ground that the design was not inherently distinctive. In re Pacer Tech., Serial no. 75/477,402 (TTAB June 11, 2002). Because the Board...

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