Patent Appeal No. 6375. June 18, 1958. Chester A. Williams, Jr., Cranford, N.J. (Robert B. Harmon, Washington, D.C., of counsel) for appellant. Clarence W. Moore, Washington, D.C., for the Commissioner of Patents. Before JOHNSON, C.J., and O'CONNELL, WORLEY, and RICH, JJ. O'CONNELL, Judge. This is an appeal from the decision of the Assistant Commissioner of Patents, 112 USPQ 268, affirming the decision of the Examiner of Trademarks and refusing registration of appellant's mark for sewing machines
(a) (1) The testimony of witnesses in inter partes cases may be submitted in the form of an affidavit or a declaration pursuant to § 2.20 and in conformance with the Federal Rules of Evidence, filed during the proffering party's testimony period, subject to the right of any adverse party to elect to take and bear the expense of oral cross-examination of that witness as provided under paragraph (c) of this section if such witness is within the jurisdiction of the United States, or conduct cross-examination