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277 Off. Gaz. Pat. Office 1 (1920)

handle is hein.intprop/uspagaz0277 and id is 1 raw text is: Patents Nos. 1,348.145 to 1,348,836. THE OFFICIAL GAZETTE OF THE Eith $tafrs patent Office Vol. 277-No. 1. TUESDAY, AUGUST 3, 1920. Price-85 per year. The OFFICIAL GAZETTE is malled under the direction of the Superintendent of Documents, Government Printing Office, to whom all subscriptions should be made payable and all communications respecting the Gazette should be addressed. Issued weekly. Subscriptions, $5.00 per annum; single numbers, 10 cents each. Printed copies of patents are furnished by the Patent Office at 10 cents each. For the latter, address the Commissioner of Patents, Washington, D. C. CO E1T T TS_ Page. ISUE OF AUGUST 3, 1920................................ 1 NOTICE OF CANCELATION........... .............. AMENDMENTS. .................. 1 AMENDMENT OF RULES OF PRACTICE..................... 1 RIE 72, As AMENDED APRIL 17, 119................. APPLICATIONS UNDER EXAMINATION....................... 2 PATENTS GRANTED ...................................3 DESIGNS......................................... 136 TRADE-MARKS-REGISTRATION APPLIED FOR................. 145 TRADE-MARK REGISTRATIONS GRANTED...................... 169 LABELS AND PRINTS................................. 180 OPINION OF THE SOLICITOR OF THE DEPARTM1ENT OF THE IN- TERIOR..........-......... 181 DECISIONs OF THE U. S. CounTS- French Battery & Carbon Company v. The Prest-O-Lite Company, Inc. The Prest-O-Lite Company, Inc., v. French Battery & Carbon Company................... 182 In re Zenk...... ...... .................................. 183 ADJUDICATED PATENTS............ ................... 184 DISCLAIMERS ....................... 184 AN ACT To GIVE EFFECT.EO CERTAIN PROVISIONS OF THE CON- VENTION FOR THE PROTECTION OF TRADE-MARKS AND COM- MERCIAL NAMES, ETC,...................................... 185 Issue of August 3, 1920. Patents............. 692-No. 1,348,145 to No. 1,348,836, inclusive. Designs............. 44-No. 55,027 to No. 55,970, inclusive. Trade-Marks........ 335-No. 133,553 to No. 133,887, inclusive. Labels.............. 31-No. 21,026 to No. 21,956, inclusive. Prints............... 6-No. 5,275 to No. 5,280, inclusive. Total..........1108 Notice of Cancelation. DEPARTMENT OF THE INTERIOR, UNITED STATES PATENT OFIcs. Washington, D. C., July 19, 1920. Alfred Victor Brokhahne, his assigns or legal representa- tises, take notice: An application has been filed in this Office by Sigmund Isaacs, of New York, N. Y., to effect the cancelation of the trade-mark registration of Alfred Victor Brokhahne. of New York, N. Y., No. 12,417, dated July 21, 1885. The Office having been unable to secure service upon said Al- fred Victor Brokhahne at the said address, notice is hereby given that unless said Alfred Victor Brokhabne, his as- signs or legal representatives, shall enter an appearance therein within thirty days from the first publication of thil order the cancelation will be proceeded with as in case of default. This notice will be published in the OFFICIAL GAZETTE for three consecutive weeks. R. F. WHITEHEAD, First Assistant Commissioner. Amendments. In order to insure the prompt delivery of amendments to the proper examining division, applicants are requested in their actions on applications to give the division number and the room number appearing on the last Office letter, as well as the date of such letter. Amendment of Rules of Practice. Under the provisions of section 483, Revised Statutes, and with the approval of the Secretary of the Interior, Rule 189 of the Rules of Practice of the United States Patent Office is amended as follows: By inserting after the word appeal in line 4 of the fourth paragraph of that rule the words and whenever in his opinion substantial justice shall require it, and by omitting from line 6 of that paragraph the words he will, so that the rule as amended will read as follows: 139. The Examiners-in-Chief in their decision shall af- firm or reverse the decision of the Primary Examiner only on the points on which appeal shall have been taken. (See Rule 133.) Should they discover any apparent grounds not involved in the appeal for granting or refusing Letters Patent in the form claimed, or any other form, they shall annex to their decision a statement to that effect with such recommendation as they shall deem proper. Should the Examiners-in-Chief recommend the refusal of Letters Patent in the form claimed, their recommenda- tion will stand as a rejection and will reopen the case for amendment or showing of fact or both, before the Pri- mary Examiner, responsive to that rejection. The recom- mendation of the Examiners-in-Chief is binding upon the Primary Examiner unless an amendment or showing of facts not previously of record be made which, in the opinion of the Primary Examiner, overcomes the recom- mendation. The applicant may waive the right to prose- cution before the Primary Examiner and have the case reconsidered by the Examiners-in-Chief upon the same record, and from an adverse decision of the Examiners-in- Chief on reconsideration, appeal will lie to the Comnis- sioner, as in other cases. The applicant may also waive reconsideration by the Examiners-in-Chief and appeal directly to the Commissioner. Should the Examiners-in-Chief recommend %the granting of Letters Patent in an amended form, the applicant shall have the right to amend in conformity with such recom- mendation, which shall be binding upon the Primar Ex- aminer in the absence of new references or grounds for rejection. If the Commissioner, in reviewing the decision of the Examiners-in-Chief, discovers any apparent grounds for refusing Letters Patent not involved in the appeal, he will, before or after decision on the appeal, and whenever in his opinion substantial justice shall require it, give reasonable notice thereof to the applicant, and if any amendment or action based thereon be proposed, remand the case to the Primary Examiner for consideration. Rule 72, as Amended April 17, 1919. RULE 72. After the completion of the application the Office will not return the specification for any purpose whatever. If applicants have not preserved copies of the papers which they wish to amend, the Office will furnish them on the usual terms. The drawing may be withdrawn only for such correc- tions as cannot be made by the Office; but a drawing can- not be withdrawn unless a photographic copy has been filed and accepted by the Examiner as a part of the appli- cation. Permissible changes in the construction shown in any drawing may be made only by the Office and after an approved photographic copy has been filed. Sketches filed to show proposed changes in construction must be in permanent Ink. (See Rule 30.) Substitute drawings will not be admitted in any case unless required by the Office.

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