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369 Off. Gaz. Pat. Office 1 (1928)

handle is hein.intprop/uspagaz0369 and id is 1 raw text is: Patents Nos. 1,664,391 to No. 1,665,197. OFFICIAL GA ZETTE OF THE Vol. 369-No. 1. TUESDAY, APRIL 3, 1928. Price-$10 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, $10.00 per annum; including annual indexes. $11.50; single numbers, 25 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. 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. OONTENTS. Page. IssUE op APRIL 8, 1928 ....................................... 1 ADJUDICATED PATENTS ---------------------------------------- I AMENDMENT TO RULES OF PRACTICE (ORDER NO. 2,M) ---- 1 APPLICATIONS UNDER EXAMINATION .........................2 COMMISSIONER'S DECISION- Barber v. Winter - . . . . ..---------------------------------- 3 DEcsIONS or THE U. S. COURTS- Barber v. Winter ---------------------------------------- 4 Humiston v. Voorhees ------------------------------4 PATENT SUITS ---------------------------------------- 5 ADVERSE DECISIONS IN INTERFERENCE ---------------------- 6 NOTICE OF CANCELLATION ------------------------------------- INTERFERENCE NOTICE ------------------- --------------6 TRADE-MARKS PUBLISHED (274 APPLICATIONS) --------------- 7 TRADE-MARK REGISTRATIONS GRANTED------------------- 42 TRADE-MARK REGISTRATIONS RENEWED --------------------- 49 LABELS ------. . . . ..-------------------------------------------- 51 PRINTS -------------------------------------------52 REISSUES- - - - - - - - - - - . . . . .. 53 DESIGNS- ---- ------------------------------------ 54 PATENTS GRANTED ----------------------------------- 62 Issue of April 3, 1928. Trade-Marks ------- 162-No. 240,5665 to No. 240,727, inclusive. T. M. Renewals ... 62 Labels -------------- 43-No. 33,752 to No. 33,794, inclusive. Prints ------------- 27-No. 10,741 to No. 10,767, inclusive. Reissues ------------ 6-No. 16,919 to No. 16,924, inclusive. Designs ------------ 38-No. 74,815 to No. 74,852, inclusive. Patents ----------- 807-No. 1,664,391 to No. 1,665,197, inclusive. Total --------- 1,145 Adjudicated Patents. (D. C. Mass.) The Hopkins patentS, Nos. 1,082,331 and 1,082,463, for candy-wrapping machine, Held infringed by reconstruction of machines by purchaser for purpose of wrapping different size of candy. Ideal Wrapping Ma- chine Co. v. George Close Co., 23 F. (2d) 848. (C. C. A. Mass.) The Taylor patent, No. 1,279,986, for improvements in footballs and basket balls involving valved air tube and cover with Inside flap, claim 5 Held anticipated. Seamless Rubber Co. v. Stall d Dean Mfg. Co., 23 F. (2d) 820. (C. C. A. Ill.) The Wessels patent, No. 1,399,174, for metal trim for top edges of laundry tubs, claims 4, 5, and 6 Held Invalid for lack of Invention. Wessels v. Chicago Graatitine Mfg. Co., 23 F. (2d) 781. (C. C. A. Pa.) The Lambert patent, No. 1,558,187, for knife sharpener, Held invalid for lack of invention. Lam- bert v. Phillips Lafltte Co., 23 F. (2d) 818. (C. C. A. Mass.) The Taylor reissue patent, No. 15,755, for improvements in footballs and basket balls, claims 1, 2, and 3 Held anticipated. Seamless Rubber Co. v. Stall & Dean Mfg. Co., 23 F. (2d) 820. AMENDMENT TO RULES OF PRACTICE. (Order No. 2,984.) Effective January 1, 1927, Rule 73 is amended by inserting after paragraph 1 a paragraph to read as follows: The original numbering of the claims must be preserved throughout the prosecution. When the application is ready for allowance the Examiner will renumber the claims consecutively in such order as requested by the applicant or as indicated when the claims were first presented. Where claims are added by amendment or substituted for canceled claims they must be numbered by the applicant consecutively, beginning with the number next following the highest nhmbered claim previously in the case. Provided, however, that where a substi- tute claim either rewritten to include amendments already made, or to take the place of another claim, is presented and the applicant desires it to finally appear in the relative position occupied by the canceled claim, the substitute claim will be given the number it would have if it were an added claim, and the number will be followed by a directing clause as, for example: Claim 16 (to take the place of claim 3), or claim 24 (to follow claim 2). When, by subsequent amendment, still another claim is substituted for a substitute claim already presented, such last presented claim should be given the number following the highest numbered claim previously in the case and this should be followed by such a directing clause as will indicate the desired final position of the claim with respect to the other claims. November 1, 1926. THOMAS E. ROBERTSON, Commissioner. This amended rule will apply to all amendments filed after January 1, 1927, whether the applications were filed before or after that date. Applicants and attorneys are requested to assist in carrying out the sim- plified system contemplated by the rule with the least possible confusion by carefully observing its provisions in amending their cases. THE amtr $tatrs Vatnt Offirt. (V

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