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518 Off. Gaz. Pat. Office 1 (1940)

handle is hein.intprop/uspagaz0603 and id is 1 raw text is: Patents Nos. 2,213,184 to 2,213,942

THE

OFFICIAL

GAZETTE

OF THE

United States Patent Office
Vol. 518-No. 1                     TUESDAY, SEPTEMBER 3,1940                               Price-$16 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, $16.00 per annum, including annual index $18.75; single numbers, 35 cents each.
' PRINTED COPIES OF PATENTS are furnished by the Patent Office at 10 cents each. -For the latter address the Commis-
sioner of Patents; Washington, D. C.
CIRCULARS OF GENERAL INFORMATION concerning PATENTS or TRADE-MARKS will be sent without cost on
request to the Commissioner of Patents, Washington, D. C.

CONTENTS                        Page
ISSUE OF SEPTEMBER 3, 1940 --------------------------------  I
NOTICES OF CANCELLATION ----------------------------------1
NOTiCE-Board of Appeals-Decisions-Time for Response -  1
DRAWINGS---------------------------------------
NOTICE-Copying Claims from Patents----------------
APPLICATIONS UNDER EXAMINATION ------------------------- 2
DECISIONS OF THE U. S. COURTS-
McBride v. Teeple, Jr ----.------------------------------- 3
PATENT SUITS ---------------------------------------------- 9
ADVERSE DECISIONS IN INTERFERENCE ---------------------- 12
DISCLAIMERS --     .   .   .   .   .   .   ..---------------------------------------- 12
TRADE-MARKS PUBLISHED (195 APPLICATIONS) -------------- 13
TRADE-MARK REGISTRATIONS GRANTED --------------------- 34
TRADE-MARK REGISTRATIONS RENEWED -------------------- 41
REISSUES -------.------------------------------------------- 43
PATENTS GRANTED ------------------------------------------ 45
DESIGNS ----------------------------------------------------- 226
September 3, 1940
Trade-marks -------  143-No. 380, 768 to No. 380, 910, inclusive.
T. M. Renewals___  32
Reissues -----------  --No.  21,546 to No.  21,550, inclusive.
Patents ----------- 759--No. 2,213,184 to No. 2,213,942, inclusive.
Designs ----------- 129-No. 122, 250 to No. 122,378, inclusive.
Total ------ 1,068
Notices of Cancellation
U. S. PATENT OFFICE, Washington, D. C., Aug. 16, 1940.
Co-Operative Drug Company, Incorporated, its assigns
or legal representatives, take notice:
A cancellation proceeding having been instituted by
this Office upon the application of Michael's Cosmetic &
Beauty Studfo, 972 South Vermont Avenue, Los Angeles,
Calif., to effect the cancellation of registration No.
151,107, issued January 24, 1922, to Co-Operative Drug
Company, Incorporated, Philadelphia, Pa., and a notice
of such proceeding sent by registered mail to said Co-
Operative Drug Company, Incorporated, at said address
having been returned by the post office as undeliverable,
notice is hereby given that unless said Co-Operative Drug
Company, Incorporated, its assigns or legal representa-
tives, shall enter an appearance therein within thirty 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 con-
secutive weeks.
JUSTIN W. MACKLIN,
First Assistant Commissioner.
U. S. PATENT OFFICE, Washington, D. C., Aug. 16, 1940.
Co-Operative Drug Company, Incorporated, its assigns
or legal representatives, take notice:
A cancellation proceeding having been instituted by
this Office upon the application of Michael's Cosmetic and
Beauty Stud'o, 972 South Vermont Avenue, Los Angeles,
Calif., to effect the cancellation of registration No.
135,962, issued October 26, 1920, to Co-Operative Drug
Company, Incorporated, 1225 Arch Street, Philadelphia.
Pa., and a notice of such proceeding sent by registered
mail to said Co-Operative Drug Company, Incorporated,
at said address having been returned by the post office

as undeliverable, notice is hereby given that unless said
Co-Operative Drug Company, Incorporated, its assigns or
legal representatives, shall enter an appearance therein
within thirty days from the first publication of this order
the cancellation will be proceeded with as in case of de-
fault. This notice will be published in the OFFICIAL
GAZETTE for three consecutive weeks.
JUSTIN W. MACKLIN,
First Assistant Commissioner.
NOTICE
Board of Appeals-Decisions-Time for Response
U. S. PATENT OFFICE, Washington, January 28; 1935.
There appears to be some confusion among attorneys
and applicants as to the time within which action must be
taken in applications following a decision of the Board of
Appeals.
The decision of the Board of Appeals is an action in
the application, and, in order to save the application from
abandonment, amendment must be filed within six months
from the date of that decision unless an appeal has been
taken to the Court of' Customs and Patent Appeals or re-
view of the decision sought by a bill in equity under sec-
tion 4915.
The Examiner will not notify the applicant of the
decision of the Board of Appeals.
CONWAY P. COE,
Commissioner.
Drawings
Attention Ir called to paragraphs g and i of Rule 52
of the Rules of Practice of the Patent Office, and inventors
and attorneys are directed to omit from the space outside
of the marginal line of the drawings any marks of Identifi-
cation, inasmuch as the space referred to Is reserved for
the use of the Patent Office. Such identifying marks
should be placed upon the back of the drawings.
Notice
Copying Claims From Patents
Counsel prosecuting applications for patents are advised
that in presenting any claim or claims copied or substan-
tially copied from a previously issued patent there must be
added a clear statement setting forth the origin of the
claim or claims and the identifying data of the patent,
since otherwise counsel may be deemed to be seeking,
obviously improperly, to obtain a claim or claims to which
the applicant is not entitled under the law without an
interference, or the Examiner may be led into making an
action different from what he would have made had lie
been in possession of all the facts.  Examiners are
directed to promptly call the personal attention of the
Commissioner to any failure of counsel to follow the above
indicated procedure.
THOMAS E. ROBERTSON,
Commigs toner.
1

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