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314 Off. Gaz. Pat. Office 1 (1923)

handle is hein.intprop/uspagaz0314 and id is 1 raw text is: 0
Patents Nos. 1,466,655 to 1,467,293.
OFFICIAL GAZETTE
OF THE

Vol. 314-No. 1.

TUESDAY, SEPTEMBER 4, 1923.         Price-5 per year.

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.

CONrEN-r TS.                        Page.
ISSUE  OF  SEPTEMBER  4  193 .............................. I....
FEE FOR A'TORESvyS 6ERTIFICAT.  ......................... .
INTERFERENCE NOTICES .......  ..........................
ADVERSE DECISIONS IN INTERFERENCE ........................ I
NOTICE REGARDING PAYMENT OF FEES....................         I
ACCESS TO PENDING APPLICATIONS ..........................    I
APPLICATIONS UNDER EXAMINATION .........................     2
DEC2SIONS OF THE U. S. COURTS-
Arkell Safety Bag Co. v. Safepack Mills .................. 3
Broderick v. L. Mitchell & Co ...........................  4
Brewer v. Russell ........................................  4
Chapman   v. Hammett ....................................  5
Cooper v. Porter .........................................  6
Guettler v. Alfsen .........................................  7
Mrirshalitown Laboratories v. Brady and Haskins &
W elton  .................................................  7
In  re  Peters ...............................................  9
Wades & Co. v. Raden Brothers ........................  9
PATENT  SUITS .................................................  10
TRADE-MARKS PUBLISHED (225 APPLICATIONS) ............... .II
TRADE-MARK REGISTRATIONS GRANTED......................      40
LABELS ............................. .........................  42
PRIN TS ............... ........................................  42
REISSUES ........     .......................................  43
DESIGNS.................................................. 43
PATENTS GRANTED......................................... 52
Issue of September 4, 1923.
Trade-Marks ......... 41-No. 172,513 to'No. 172,553, inclusive.
Labels ............... 24-No.   26,339 to]No.  26,362, inclusive.
Prints ...............  4-No.    6,873 to No.  6,876, inclusive.
Reissues ............. I-No.    15,683.
Designs ............. 46-No.    62,973 to]No.  63,018, inclusive.
Patents .............. 639-No. 1,46,655 to No. 1,467,293, inclusive.
Total .......... 755
Fee for Attorney's Certificate.
On request, a certificate of admission of an attorney to
practice before this Office may be issued for a fee of $1.00,
which should accompany the request or may be charged
to deposit account.
Interference Notices.
U. S. PATENT OFFICE, Washington, Aug. 55, 1923.
Robinola Phonograph Co., its assigns or legal representa-
tives, take notice:
An interference has been declared by this Office between
the application of Charles M. Robinson, 119 East Fifth
Street, Cincinnati, Ohio, for registration of a trade-mark
and trade-mark registered November 23, 1920. No. 137,388,
to Robinola Phonograph Co., 104 North Tenth Street,
St. Louis, Mo. The nctice of such declaration sent by
registered mail to said Eobinola Phonograph Co. on De-
cember 22, 1922, at the said address has not been retuin-d
by the post-office authorities; but the applicant has since
been unable to secure service on said company. Notice Is
therefore hereby given that unless said Robinola Phono-
graph Co., its 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 case of default.
This notice will be published in the OFFICIAL GAZETTE
for three consecutive weeks.
(Signed)        KARL PENNING,
Acting Commissioner.

U. S.' PATENT OFFICE, Washington, Aug. 13, 1923.
.Three Minute Noodle Co., its assigns or legal representa-
tives, take notice:
An Interference having been declared by this Office be-
tween the application of Weitz & Lefft, 427 East One
Hundred and Thirty-eighth Street. New York, N. Y., for
registration of a trade-mark and trade-mark registered
October 29. 1918, No. 123,395, to the Three Minute Noo-
dle Co., 650 West One Hundred and Seventy-seventh
Street, New York, N. Y., and the Office having failed to
secure service upon the registrant, notice is hereby given
that unless said Three Minute Noodle Co., its 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 case of de-
fault.
This notice will be published in the OFFICIAL GAZETTE
for three consecutive weeks.
WM. A. KINNAN,
Acting Commissioner.
ADVERSE DECISIONS IN INTERFERENCE.
In interference involving the indicated claims of
the following patents final decisions have been
rendered that the respective patentees were not the
first inventors with respect to the claims listed:
Pat. 1,295,147, J. Flammang, Process for making
piston rings, decided July 13, 1923, claims 1, 2,
4, and 5.
Pat 1,296,083, R. Illemann, Bituminous composi-
tion, decided July 13, 1923, claim 1
Notice Regarding Payment of Fees.
All fees must be paid in advance. Payment of money
required for Office fees must be made In specie, Treasury
notes, national-bank notes, post-office money orders, or
certified checks. Money orders and checks must be made
payable to the  Commissioner of Patents. Money sent
by mail to the Patent Office will be at the risk of the
sender. (See Rule 194.)
Certified checks, bank drafts, express and foreign money
orders must be immediately negotiable in this country and
for the full amount of the fee required by the Patent
Office. No allowance can be made by this Office for. any
charge for their collection or exchange. Postage stamps
will not be accepted. Failure to comply with the above
instructions will cause delay.
Access to Pending Applications.
No person except the applicant, the assignee whose as-
signment is of record, or the attorney of record will be
permitted to have access to the file of any application, ex-
cept as provided for under the interference rules, unless
written authority from the applicant, assignee, or attor-
ney, Identifying the application to be inspected, is filed in
the case to become a part of the record thereof, or upon
the writtefi order of the Commissioner, which will also
become a part of the record of the case.

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