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

handle is hein.intprop/uspagaz0629 and id is 1 raw text is: Patents Nos. 2,300,391 to 2,301,171
THE
OFFICIAL GAZETTE
OF THE
United States Patent Office
Vol. 544-No. 1                TUESDAY, NOVEMBER 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. 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                           rage
ISSUE OF NOVEMBER 3, 1942 --------------------------------- 1
TRANSFER OF CLASS -----------------------------------------1
ERRATUM ---------------------------------------------------- 1
ORDER No. 3662 --------------------------------------------- 1
NOTICE OF CANCELLATION -----------------------------------  1
APPLICATIONS UNDER EXAMINATION -------------------------- 2
DECISIONS OF THE U. S. COURTS-
Winkelmann v. Calvert (No. 4559), Calvert v. Winkel-
mann (No. 4500) ----------------------------------------- 3
In re Bonnell   -------------------------------------7
Macleay Duff (Distillers), Ltd. v. Frankfort Distilleries,
Inc. (Nos. 4608, 4609, 4610) ------------------------------- 8
ADJUDICATED PATENTS --------------------------------------- 11
CHANGES IN CLASSIFICATION --------------------------------  11
D ISCLAIMERS  -........................... ............- - - --  12
TRADE-MARKS PUBLISHED (95 APPLICATIONS) ---------------- 13
TRADE-MARK REGISTRATIONS GRANTED --------------------- 25
TRADE-MARE REGISTRATIONS RENEWED --------------------- 30
REISSUES -------------------------------------------------- 33
PATENTS GRANTED ------------------------------------------ 35
DESIGNS ------------------------------------I---------------- 222
November-3, 19.42
Trade-Marks -------  106-No. 398,469 to No. 398,574, inclusive.
T. M. Renewals ---  39
Reissues -----------  5--No.  22,215 to No.  22,219, inclusive.
Patents ------------ 781-No. 2,300,391 to No. 2,301,171, inclusive.
Designs ------------  '42-No. 134,236 to No. 134,277, inclusive.
Total --------- 973
Transfer of Class
ORDER No. 3663
U. S. PATENT OFFICE, Richmond, Va., Oct. 15, 1942.
The following transfers to take effect, October 26, 1942,
are hereby ordered :
Class 41, Ornamentation, from Division 17 to Division
52.
Class' 206, Special Receptacles and Packages, from
Division 40 to Division 27.
Class 263, Heating, from Division 3 to Division 28.
Class 266, Metallurgical Apparatus, from Division 3 to
Division 28.
Subclasses 2, 2.6, 33. 34, 40 and 46 to 56 inclusive, of
Class 154, Laminated Fabric and Analogous Manufactures,
from Division 56 to Division 55.
CONWAY P. COE,
Commissioner.
Erratum
In volume 543 of the OFFICIAL GAZETTE, page 195, the
fourth headnote preceding the decision In -the cases of
Sloan 1'. Peterson and Walter and Peterson and Walter v.
Sloan is incorrect and should read as follows:
4. SAM E-PRIORITY.
Evidence reviewed and Held that S, the junior party,
(lid not conceive or reduce to practice the inventioso ex-
Pressed    in counts 1 to 4, inlusiVe. as to whiech  main-
tailled his appeal, or in counts,9 a1,d 7, upon which P and
WXs-iroealpf,':until a date subsequent to theO filing date of

P and W, the senior party, and that, as to counts 1 to 4,
inclusive, priority properly was awarded to P and W, but
that, as to counts 6 and 7, priority should have been
awarded to P and W also.
Order No. 3662
U. S. PATENT OFFICE, Washington, D. C., Oct. 18, 1942.
Where an inventor is unable, because of conditions
arising from the existing state of war, to execute and file
an application for patent, an application executed on his
behalf by an agent and accompanied by the statutory fee
will be accepted for examination. Such an application
Must be accompanied by a statement of the facts or. cir-
culnstances which preclude the inventor from executing
the application.
When such an application is filed it will be given a
serial number and filing date and forwarded to the Exam-
ining Division. The Application Division will note on the
file wrapper of the application and on the record card of
the Application.Division that the application is accepted
for examination only.  
Tile Examiner in the first Office action will require the
filing of papers duly eireouted by the inventor or his
executor or administrato.r.
When such an application is found to be otherwise in
condition for allowance, the Examiner will so notify the
agent or his attorney and suspend further action pending
the enactment of legislation validating applications filed
by the agent of the inventor and the receipt of the duly
executed papers by the inventor or his executor or admin-
istrator.
No patent will be issued on such an application until
(1) legislation has been enacted validating applications
so filed b' the agent of the inventor ; and (2) a petition,
specification and oath, duly executed by tie inventor or
his executor or administrator, with a formal ratification
of the power of the agent and ,his acts, have been filed
therein.
CONWAY P. COE.
Commissioner.
Notice of Cancellation
U. S. PATENT OFFICE, Richmond, Va., October 8, 1942.
Mitsuwa Co., Inc., its assigns or legal representatives take
notice:
An application for cancellation having been filed in
this Office by James L. Younghusband, 30 W. Hubbard St.,
Chicago, Ill., to effect tie cancellation of trade-mark reg-
istration of Mitsuwa Co., Inc., 320 Commercial St., San
Francisco, Calif., No. 264.077, dated November 19, 1929,
and the notice of such proceeding sent by registered mail
to tile said Mlitsuwa Co., Inc., at the said address having
been returned by the post office as undeliverable, notice is
hereby given that unless said Mitsuwa Co., Inc., its assigns
or legal representatives, shall enter an appearance therein
within thirty days from the first publicaton of this order
tile cancellation will be proceeded with as in tile case of
default. This notice will be published in the OFFICIAL
(EL\ZETTE for tilree consecutive weeks.
LESLIE FRAZER,
First Assistant Commissibner.
1

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