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IN RE BAYER AKTIENGESELLSCHAFT

No. 2006-1279 (Serial No. 78/212,751).

488 F.3d 960 (2007)

In re BAYER AKTIENGESELLSCHAFT.

United States Court of Appeals, Federal Circuit.

May 24, 2007.

Attorney(s) appearing for the Case

Michael L. Lovitz, Connolly Bove Lodge & Hutz LLP, of Wilmington, DE, argued for appellant. With him on the brief were Stanley C. Macel, III, and Jennifer Fraser.

Nancy C. Slutter, Associate Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office. With her on the brief were John M. Whealan, Solicitor, and Robert J. McManus, Associate Solicitor.

Before NEWMAN, SCHALL, and MOORE, Circuit Judges.

Opinion for the court filed by Circuit Judge MOORE. Dissenting opinion filed by Circuit Judge NEWMAN.

MOORE, Circuit Judge.

Bayer Aktiengesellschaft (Bayer) appeals the Trademark Trial and Appeal Board (Board) ruling that the proposed mark ASPIRINA is merely descriptive for analgesic goods. In re Bayer Aktiengesellschaft, Serial No. 78/212,751 (TTAB Mar. 17, 2006) (Final Decision). Because the Board's ruling is supported by substantial evidence...

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