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IN RE STEREOTAXIS, INC.

No. 05-1059.

429 F.3d 1039 (2005)

In re STEREOTAXIS, INC.

United States Court of Appeals, Federal Circuit.

October 27, 2005.

Attorney(s) appearing for the Case

Bryan K. Wheelock, Harness, Dickey & Pierce, PLC, of St. Louis, Missouri, argued for appellant.

Nancy C. Slutter, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the Patent and Trademark Office. With her on the brief were John M. Whealan, Solicitor, and Linda Moncys Isacson, Associate Solicitor.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The appellant Stereotaxis, Inc. ("the Applicant") challenges the decision of the Trademark Trial and Appeal Boardof the United States Patent and Trademark Office ("Board") conditioning registration of the trademark "stereotaxis" and design for medical goods and services on disclaiming the word "stereotaxis" because, as thus used, it is merely descriptive. We affirm.

I

The Applicant makes and sells magnetic surgery...

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