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385 Off. Gaz. Pat. Office 1 (1929)

handle is hein.intprop/uspagaz0385 and id is 1 raw text is: Patents Nos. 1,722,9S9 to 1,723,98(6.

THE
OFFICIAL GAZETTE
OF THE

Vol. 385-No. 1.

TUESDAY, AUGUST 6, 1929.

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 he 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.

CON TENTS.

P

ISSUE OF AUGUST 6, 1929 .....................................
ADIUDICATED PATENTS -------------------------------------
ADVERSE DECISIONS IN INTERFERENCE .......................
INTERFERENCE DEFINED ...................................
INTERFERENcE NOTICES ......................................
APPLICATIONS UNDER EXAMINATION .........................
CoaIssIoNER's DECISION-
Espensthied v. Sykes v.Wier ............................
DECISION OF THE U. S. COURTS-
Merrell-Soule Co. v. Northland Dairy Co ................
PATENT SUITS ------------------------------------------------
TRADE-MARKS PUBLISHED (233 APPLICATIONS)-.          -
TRADE-MARK REGISTRATIONS GRANTED --------------------
LADLES ---------------------------------------------- ------
PRINTS ---------------------------------------------------
REIssuES ------------.---------------------------------------
DESIGNS. -----.-------------------------------------------
PATENTS G]RANTED -------------------------------------------

age.
1
1
2

Issue of August 6, 1929.
Trade-Marks -------  283-No. 259,568 to No. 259,850, inclusive.
Labels ------------  39-No.  36,115 to No.  36,153, inclusive.
Prints ---_-----_--  8-No.   11,960 to No.  11.967, inclusive.
Reissues....---------  8-No.  17,392 to No.  17,399, inclusive.
Designs ------------ 51-No.  79,123 to No.  79.173, inclusive.
Patents ........... 998-No. 1,722,989 to No. 1,723,986, inclusive.
Total ......... 1,387
Adjudicated Patents.
(C. C. A. Oreg.) Jay patent, No. 1,132,273, for automo-
bile vacuum-tank fuel feed, claims 9 and 14 Held valid and
infringed. Jay v. Suorter, 32 F. (2d) 879.
(D. C. Pa.)    Thompson patent, No. 1,273,108, for
presser-foot for sewing-machines, claim 1 Held not In-
fringed. Union Special Mach. Co. v. Willcox d Gibbs Sew-
ing Mach. Co., 32 F. (2d) 924.
(D. C. Pa.) McNeil patent, No. 1,300,854, for presser
foot for sewing machines, claim 7 Held not infringed. Id.
(C. C. A. Cal.)   McGhee patent, No. 1,475,306, for
drapery hook, Held invalid. McGhec v. Le Sage d Co.,
32 F. (2d) 875.
Adverse Decisions in Interference.
In interferences 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. 1,494,573, I. P. Bauer, Machine for pinning papers
together, decided May 20, 1929, claim 35.
Pat. 1,615,991, W. D. Mason, Method of petroleum dis-
tillation, decided .lune 17, 1929, claim 2.

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 n writing the
date when he conceived the invention under consideration.
All statements filed in compliance with this rule will he
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 Inventor.
Interference Notices.
U. S. PATENT OFFICE, Washington, July 12, 1929.
Lepser, Green Go., its assigns or legal representatives, take
notice:
An Interference having been declared by this Office be-
tween the application of The Eagle Cap Company, 208-10
St. Clair Avenue West, Cleveland, Ohio, for registration of
a trade-mark and trade-mark registered January 23, 1917.
No. 115,096, to Leyser, Green Co., 345 Eldert St., Brooklyn,
N. Y., and a notice of such declaration sent by registered
mail to said Leyser, Green Co. at the said address having
been returned by the post office undeliverable, notice Is
hereby given that Unless said Leyser, Green Co., 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 notice will be published in the OFFICIAL GAZETTE for
three consecutive weeks.
WM. A. KINNAN,
First Assistant Oonmssioncr.
U. S. PATENT OFFICE, Washington, July 12, 1929.
Expert Cap Mfg. Go. Inc., its assigns or legal representa-
tives, take notice:
An interference having been declared by this Office be-
tween the application of The Eagle Cap Company, 208-10
St. Clair Avenue West, Cleveland, Ohio, for registration of
a trade-mark and trade-mark registered August 22. 1922.
No. 157,944. to Expert Cap Mfg. Co. Inc., 824 South Clinton
St., Trenton. N. J.. and a notice of such declaration sent
by registered nmil to said Expert Cap Mfg. Co. Inc. at the
said address having been returned by the post office unde-
liverable, notice is hereby given that unless said Expert
Cap Mfg. Co. Inc.. 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 notice will be published
In the OFFICIAL GAZETTE for three consecutive weeks.
WM. A. KINNAN.
First Assistant Oommissioner.

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