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350 Off. Gaz. Pat. Office 1 (1926)

handle is hein.intprop/uspagaz0350 and id is 1 raw text is: 2atents Nos. 1,598,594 to 1,399,399. THE OFFICIAL GAZETTE OF THE Vol. 350-No. 1. TUESDAY, SEPTEMBER 7, 1926. Price-5.00 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. Subscription, $5.00 per annum; single numbers, 10 cents each. PRINTED COPIES OF PAT NTS are furnished by the Patent Office at 10 cents each. For the latter, address the Commissioner of Patents, Washington, D. C. CIRCULARS OF GENERAL INFORMATION concerning PATENTS or concerning TRADE-MARKS, PRINTS, and LABELS will be sent without cost on request to the Commissioner of Patents, Washington, D. C. CONTENTS. Page, ISSUE OF SEPTEMBER 7, 1926 --------------------------------- I INTERRERENcE NOTICES -------------------------------------- 1 NOTICE OF CANCELLATION ----------------------------------- 1 INTERFERENCE DEFINED ------------------------------------ 1 APPLICATIONS UNDER EXAMINATION ------------------------- 2 COMMISSIONER'S DECISIONS- In re Redeclaration of Interferences Nos. 49,635, 49,636, and 49866 ----------------------------------- 3 San-I-Sal Laboratories, Inc., v. Pine-O-Sal Chemical Com- pany -----------------------------------------------_ 4 DECISIONS OF THE U. S. COURTS- Young and Caspar v. Ross and Rhoads -------- ---------4 PATENT SUITS -----. . ..---------------------------------------- 5 TRADE-MARKS PUBLISHED (279 APPLICATIONS) --------------7 TRADE-MARK REGISTRATIONS GRANTED --------------------- 45 TRADE-MARK REGISTRATIONS RENEWED -------------------- 61 REISSUES ----------------------------------------------------- 65 DESIGNS ---------------------------------------------------- 66 PA'ZNTS GRANTED ------------------------------------------ 75 Issue of September 7, 1926. Trade-Marks ------- 303-No. 217,552 to No. 217,854, inclusive. T. M. Renewals ... 120 Reissues ------------ 5-No. 16,415 to No, 16,419, inclusive. Designs ------------ 42-No. 70,998 to No. 71,039, inclusive. Patents ----------- 806-No. 1,598,594 to No. 1,599,399, inclusive. Total ------- 1,275 Interference Notices. U. S. PATENT OFFICE, Washington, Aug. 24, 1926. D. A. de Lima & Go., Incorporated, its assigns or legal representatives, take notice: An interference having been declared by this Office be- tween the application of Wells-Abbott-Nieman Co., Inc., West Twelfth and Adams Streets, Schuyler, Nebr., for registration of a trade-mark and trade-mark registered July 16. 1907, No. 63,995, to D. A. de Lima & Co., In- corporated, 291 Broadway, New York, N. Y., and a notice of such declaration sent by registered mail to said D. A. de Lima & Co., Incorporated, at the said address having been returned by the post office as undeliverable, notice is hereby given that unless said D. A. de Lima & Co.. Incorporated. its assigns or legal representatives, shall enter an appearance therein within 30 days from the first publication of this order the interference will be proceeded with as in case of default. This ndtice will be publighed in the OFFICIAL GAZETTE for three consecu- tive weeks. M. J. MOORE, Assistant Commissioer. U. S. PATENT OFFICE, Washington, Aug. 25, 1926. Spensley S. Daykin, his assigns or legal representatives, take notice: An interference having been declared by this Office between the application for patent of Johannes Kjekstad, 764 Court Street, Brooklyn, N. Y., and patent granted June 10, 1924, No. 1,497,071, to Spensley S. Daykin, 3152 East Sixty-first Street, Cleveland, Ohio, and a notice of such declaration sent by registered mail to said Daykin at the said address having been returned by the post office as undeliverable, notice is hereby given that unless said Daykin, his assigns or legal representatives, shall enter an appearance therein within 30 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 consecu- tive weeks. M. J. MOORE, Assistant Commissioner. U. S. PATENT OFFICE, Washington, Aug. 10, 1926. IV. 0. Boyles, his assigns or legal representatives, take notice: An interference having been declared by this Office between the application of the New York Auto and Radio Supply Co., 849 West Washington Boulevard, Chicago, Ill., for registration of a trade-mark and trade-mark registered February 3, 1925, No. 194,637, to W. C. Boyles, 731 North Cherry Street, Winston-Salem, N. C., and a notice of such declaration sent by registered mail to said Boyles at the said address having been returned by the post office as undeliverable, notice is hereby given that unless said Boyles, his assigns or legal representatives, shall enter an appearance therein within 30 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 consecu- tive weeks. WM. A. KINNAN, First Assistant Commissioner. Notice of Cancellation. U. S. PATENT OFFICE, Washington, Aug. 11, 1986. Frederick E. Colman, Jr., his assigns or legal representa- tives, take notice: A cancellation proceeding has been instituted by this Office upon the application of The Jell-O Company, Inc., of Le Roy, N. Y., to effect the cancellation of the trade- mark registration of Juliette H. J. Colman, of 39-40 Sud- bury Street, Boston, Mass., No. 102,058, dated January 26, 1925. The records of this Office show a transfer of title to Frederick E. Colman, Jr., of Boston, Mass. The notice of such proceeding sent by registered mall to Frederick E. Colman, Jr., at the said address having been returned by the post office as undeliverable, notice Is hereby given that unless said Frederick E. Colman, jr., his assigns or legal representatives, shall enter an ap- pearance therein within 30 days from the first publication of this order the cancellation will be proceeded with as in case of default. This notice will be published in the OFFICIAL GAZETTE for three consecutive weeks. WILLIAM A. KINNAN. First Assistant Commissioner. Interference Defined. RULE 93. An interference is a proceeding instituted for the purpose of determining the question of priority of in- vention between two or more parties claiming substantially the same patentable invention. In order to ascertain whether any question of priority arises the Commissioner may call upon any junior applicant to state in writing the date when he conceived the invention under consideration. All statements filed In compliance with this rule will be returned to the parties filing them. In case the applicant makes no reply within the time specified, not less than ten days, the Commissioner will proceed upon the assump- tion that the said date is the date of the oath attached to the application. The fact that one of the parties has already obtained a patent will not prevent an Interference, for, although the Commissioner has no power to cancel a patent, he may grant another patent for the same in- vention to a person who proves to be the prior lnyentor.

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