Patent Appeals No. 5943. June 24, 1953. Hauff Warland and James M. Mason, New York City, for appellant. E.L. Reynolds, Washington, D.C. (H.S. Miller, Washington, D.C., of counsel), for the Commissioner of Patents. Before GARRETT, Chief Judge, and O'CONNELL, JOHNSON, WORLEY, and COLE, Judges. WORLEY, Judge. This is an appeal from the decision of the Commissioner of Patents affirming the rejection by the examiner of the application for registration filed December 5, 1947, under the provisions of section
No. 11454. Argued January 27, 1953. Decided March 12, 1953. Mr. C. Willard Hayes, Washington, D.C., with whom Mr. Frank H. Marks, Chicago, Ill., was on the brief, for appellant. Mr. Joseph Schimmel, Atty., U.S. Patent Office, with whom Mr. E.L. Reynolds, Sol., U.S. Patent Office, was on the brief, for appellee. Before PROCTOR, FAHY and WASHINGTON, Circuit Judges. FAHY, Circuit Judge. Sears, Roebuck and Co., the appellant, in 1908 adopted as a trade-mark for sporting goods "J C Higgins", not written
(a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty