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282 Off. Gaz. Pat. Office 1 (1921)

handle is hein.intprop/uspagaz0282 and id is 1 raw text is: THE
OFFICIAL GA

Z

ETTE

OF THE

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Vol. 282-No. 1.                     TUESDAY, JANUARY            4, 1921.               Price-$5 per year.
[PUBLISHED JANUARY 6, 1921.]
The OFFICIAL GAZETTE Is mailed 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.

(COrT       E=TS.                 Page.
ISSUE  OF  JANUARY  4, 1921  ...............................  1
INTERFERENCE NOTICES..................................... 1
AMENDMENT OF RULES OF PRACTICE ....................... 1
AMENDMENTS TO AMENDMENTS............................. 1
APPLICATIONS UNDER EXAMINATION ................... ......2
PATENTS GRANTED......................................... 3
REISSUES............. ................................ ...156
DESIGNS................................................. 157
TRADE-MARKS-REGISTRATION APPLIED FOR................. 169
TRADE-MARK REGISTRATIONS GRANTED ..................... 185
COMMISSIONER'S DECISIONS-
Pruszynski and Ebert v. Seib........................... 193
Price and Teeple Piano Company v. Symphonola Manu-
facturing Company v. Rudert.......................... 194
DECISIONS OF THE U. S. COURTS-
General Electric Co. v. Nitro Tungsten Lamp Co......... 195
ADJUDICATED PATENTS.......................... ...........198
Issue of January 4, 1921.
Patents ............. 797-No. 1,364,063 to No. 1,364,859, inclusive.
Desn ..............62-No.     56,844 to No.  56,905, inclusive.
Trae-Marks.       211-No. 138,556 to No. 138,766, inclusive.
Reissues ............  4-No.  15,018 to No.  15,021, inclusive.
Total..........1074
Interference Notices.
DEPARTMENT OF THE INTERIOR,
UNITED STATES PATENT Os-ICE,
Washington, D. C., December 16, 1920.
Alonzo Frank Richardson, his assigns or legal representa-
fives, take notice:
An interference having been declared by this Office be-
tween the application of Thomas W. Berry, Galesburg, Ill.,
for registration of a trade-mark and trade-mark registered
June 16, 1903, No. 40,600, to Alonzo Frank Richardson, 526
West Broadway, New York, N. Y., and a notice of such
declaration sent by registered mail to said Alonzo Frank
Richardson at the said address having been returned by
the post-office undeliverable, notice is hereby given that
unless said Alonzo Frank Richardson, his assigns or legal
representatives, shall enter an appearance therein within
thirty days from the first publication of this order the
interference will be proceeded with as in ease of default.
This notice will be published in the OFsIcIAL GAZETTE
for three consecutive weeks.
L. B. MANN,
Assistant Commissioner.
DEPARTMENT OF THE INTERIOR,
UNITED STATES PATENT OFFICE.
Washington, D. C., December 29, 1920.
The Court PerfumerU Co., its assigns or legal repre-
sentatires, take notice:
An interference having been declared by this Office
between the application of A. E. Kiesling, 504 Main
street. Houston, Tex., for registration of a trade-mark
and trade-mark registered September 6, 1898. No. 31,036,
to The Court Perfumery Co., New York, N. Y., and a
notice of such declaration sent by registered mail to said
The Court Perfumery Co. at the said address having
been returned by the post-office undeliverable, notice is
hereby given that unless said The Court Perrimery Co.,
its assigns or legal representatives, shall cuer an ap-
pearance therein within thirty days from the first pub-

licatlion of this order the interference will be proceeded
with as in case of default.
This notice will be published in the OFFICIAL GAZETTE
for three consecutive weeks.
L. B. MANN,
Assistant Commissioner.
Amendment of Rules of Practice.
Under the provisions of section 483, Revised Statutes,
and with the approval of the Secretary of the Interior,
Rule 139 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 wohenever 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 reversd 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 Comumis-
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 Primary 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.
Amendments to Amendments.
RULE 74. When an amendatory clause is amended, It
must be wholly rewritten, so that no interlineation or era-
sure shall appear in the clause, as finally amended, when
the application Is passed to issue. If the number or
nature of the amendment shall render it otherwise diffi-
cult to consider the case or to arrange the papers for
printing or copying, the Examiner or Commissioner may
require the entire specification to be rewritten.

Patents No.; I,364,063 to 1,364,000.

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