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