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IN RE BECTON, DICKINSON AND CO.

No. 2011-1111.

675 F.3d 1368 (2012)

In re BECTON, DICKINSON AND COMPANY.

United States Court of Appeals, Federal Circuit.

April 12, 2012.

Attorney(s) appearing for the Case

Richard Z. Lehv , Fross, Zelnivk, Lehrman & Zissu, of New York, NY, argued for the appellant.

Christina J. Hieber , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the appellee. With her on the brief was Raymond T. Chen , Solicitor. Of counsel was Amy Nelson.

Before BRYSON, CLEVENGER, and LINN, Circuit Judges.

Opinion for the court filed by Circuit Judge CLEVENGER.

Dissenting opinion filed by Circuit Judge LINN.

CLEVENGER, Circuit Judge.

Becton, Dickinson and Company ("BD") appeals from the final decision of the Trademark Trial and Appeal Board ("Board") affirming the examining attorney's refusal to register BD's design of a closure cap for blood collection tubes as a trademark on the ground that the design is functional. BD also appeals the Board's determination...

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