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535 Off. Gaz. Pat. Office 1 (1942)

handle is hein.intprop/uspagaz0620 and id is 1 raw text is: Patents Nos. 2,271,510 to 2,212,16d

THE

OFFICIAL

GAZETTE

OF THE
United States Patent Office.
Vol. 535-No. 1                     TUESDAY, FEBRUARY 3, 1942                           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. Subscripticns, $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  FEBRUARY  3, 1942  1----------------------- - ..-  I
IN RE APPLICATION OF OBERLIN, LIMBACH AND DAY FOR Li-
CENSE UNDER PUBLIC ACT NO. 239 --------------------------  1
NOTICE --------.--------------------------------------------- 1
ORDER No. 3588 -------------------------------------------- 1
APPLICATIONS UNDER EXAMINATION ------------------------- 2
DECISIONS OF THE U. S. COURTS-
Radtke Patents Corporation and Albert A. Radtke,
Whitson Photophone Corporation and Delmar A. Whit-
son v. Coe, Commissioner of Patents, American Tri-
Ergon Corporation, and Tri-Ergon Holding A. G ..   3
PATENT SUITS ------------------------------------------------ 15
ADJUDICATED PATENTS     -------------------------------16
ADVERSE DECISIONS IN INTERFERENCE ---------------------- 16
DISCLAIMER -------------------------------------------------- 16
NOTICE OF CANCELLATION ----------------------------------- 16
TRADE-MARKS PUBLISHED (125 APPLICATIONS) --------------17
TRADE-MARK REGISTRATIONS GRANTED --------------------- 31
REISSUES ----------------------------------------------------- 37
PLANT PATENTS ---------------------------------------------- 38
PATENTS GRANTED ------------------------------------------- 39
DESIGNS      ------------------------------------------ 192
FEBRUARY 3, 1942
Trade-marks ----  79--No. 393,269 to No. 393,347, inclusive.
Reissues ------------  4-No.  22,015 to No.  22,018, inclusive.
Plant Patents -----  1-No.     802
Patents ------------ 657-No. 2,271,510 to No. 2,272,166, inclusive.
Designs ------------ 70-No. 131,271 to No. 131,340, inclusive.
Total --------- 811
IN RE APPLICATION OF OBERLIN, LIMBACH AND DAY FOR
LICENSE UNDER PUBLIC ACT No. 239
This is a renewed petition under PublicAct No. 239-
77th Congress, chapter 393, 1st session, for a license to
send to England a communication in the form of a letter
suggesting amendiments to claims in an application for
patent filed in Germany several years before the recent
declaration of a state of war between the United States
and that country. Petitioners contend that It is not
considered that measures necessary for the protection of
our country were intended to be arbitrarily applied to
harass our citizens and limit needlessly their efforts to
secure patent protection for their inventions, when such
invention had been fully disclosed and licensed in an
enemy country years before the present situation arose,
and insists that a license be issued unless definite author-
ity is cited making necessary a refusal.
The question of the propriety and advisability of grant-
ing a license under Public Act No. 239 is determined not
only by a consideration of the question of whether the
information desired to be exported is such as would natur-
ally be suggested by the record of the application for
patent pending in a foreign country, but also all factors
pertinent to the grant of a license by the Treasury
Department and the Office of Economc Warfare, and the
rules adopted by the Office of Censorship (which admin-
isters a part of the Trading with the Enemy Act of Octo-
ber 6. 1917) should be taken into account.
This Office will not issue a license under Public Act No.
239 in any case where a license to export the technical
information involved is refused by any other Federal
department or agency, or .in any case where it would not
be permissible to forward the licensed material. To do so
would put the Office in the position of authorizing ijnder

one Act of Congress the doing of a thing which is pro-
hibited under other Acts of Congress as administered by
other governmental establishments.
This Office has been advised by the Office of Censorship
that postal comlunication with enemy or enemy-occupied
countries is illegal, and will not be permitted, except (a)
through the agency of the American Red Cross, which will
transmit short nessages of a personal nature, and (b)
cOllunications with prisoners of war.
It not having been shown either that a license has bee
or will be granted pursuant to the Trading with the
Enemy Act, or that the licensed material will be passed by
the Office of Censorship, this petition must be, and is,
denied.
CONDER C. HENRY,
Assistant Commissioner.
Notice
This Office has received, under date of September 10,
1941, a communication from the Acting Secretary of the
Treasury reading in part as follows :
Reference is made to General License No. 72 and
Public Circular No. 5 issued by the Treasury Depart-
ment on September 3, 1941, relating to patents.
Inquiries have been received as to whether or not it
is necessary, in submitting the reports required on Form
TFR-172, to attach thereto a copy of the application
for Letters Patent on file in the United States Patent
Office which has been certified by the United States
Patent Office.
The Treasury Department is not presently requiring
that applications for Letters Patent filed in the United
States Patent Office which are required to be submitted
in connection with the reports on Form TFR-172, or in
connection with any other reports required by the afore-
mentioned geleral license or public circnlar, be certified
by the United States Patent Office. It is sufficient for
the purposes of the requirement referred to above that
such applications be certified by an attorney or agent
who is duly registered to practice before the United
States Patent Office or entitled to recognition thereby,
or in lieu thereof, by submission of a copy which has
been certified by tle United States Patent Office..
CONDER C. HENRY,
Assistant Commissioner.
Order No. 3588
In accordance with instructions issued by the Director
of the Budget with the authority of the President, it is
hereby directed that the.following portions of the Patent
Office be transferred to Richmond, Virginia, begiinning
on January 31, 1942:
Supervisory Examiners,
Law Examiners,
Interference Division.
Classification Division,
Examining Divisions 1 to 65 inclusive,
Design Division,
Draftsman's Division,
Docket Division,
Law Library.
CONWAY P. COE,
Comnmissioner.

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