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Seamless Rubber Co. v. Ethicon, Inc.

Seamless Rubber Co. v. Ethicon, Inc., 268 F.2d 231 (C.C.P.A. 1959)
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Court
Court of Customs and Patent Appeals · Federal Specialty Courts
Decided
July 7, 1959
Docket
No. Patent Appeal 6548
Judges
Per Curiam
Citations
268 F.2d 23146 C.C.P.A. 950
Cited by 6 Original from court

Opinion — Per Curiam

PER CURIAM.

Appellee’s motion to dismiss this appeal raises the question as to the meaning and effect of Sec. 21 of the TradeMark Act of 1946, 15 U.S.C.A. § 1071 , providing, inter alia, for appeals to this court. This is a trademark opposition instituted by appellee which was dismissed January 31, 1958, by the Examiner of Trade-Mark Interferences upon appellant’s (applicant’s) motion. From this dismissal, appellee-opposer appealed to the Commissioner of Patents on January 15, 1959. Assistant Commissioner Leeds reversed the decision of the Examiner of Interferences and ordered the case to proceed to trial. Appellant has appealed from this ruling.

The order of the Assistant Commissioner is an interlocutory order, and, as such, is not appealable. Master, Wardens, Searchers, Assistants and Commonalty of Co. of Cutlers in Hallamshire in York County v. Sheffield Steel Corp., 215 F.2d 285 , 42 CCPA 726, and cases there cited.

There is nothing in Sec. 21 of the Trade-Mark Act of 1946 which permits appeals from interlocutory orders.

Appellee’s motion to dismiss the appeal is granted, and the appeal is dismissed.

Appeal dismissed.

WORLEY, C. J., and O'CONNELL, J., did not participate because of illness.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1965: 11969: 11972: 11977: 11979: 11983: 119652026peak 1965 · 1

Relies on it most ⓘ

  1. Knickerbocker Toy Co. v. Faultless Starch Co.467 F.2d 501 (C.C.P.A. 1972)
  2. Toro Co. v. Hardigg Industries, Inc.549 F.2d 785 (C.C.P.A. 1977)
  3. United States Treasury v. Synthetic Plastics Co.341 F.2d 157 (C.C.P.A. 1965)
  4. Goodbar v. Banner599 F.2d 431 (C.C.P.A. 1979)
  5. Application of Marriott-Hot Shoppes, Inc. (Now by Change of Name, Marriott Corporation)411 F.2d 1025 (C.C.P.A. 1969)
  6. Wagner Shokai, Inc. v. Kabushiki Kaisha Wako699 F.2d 1390 (Fed. Cir. 1983)

Most recent

  1. Wagner Shokai, Inc. v. Kabushiki Kaisha Wako699 F.2d 1390 (Fed. Cir. 1983)
  2. Goodbar v. Banner599 F.2d 431 (C.C.P.A. 1979)
  3. Toro Co. v. Hardigg Industries, Inc.549 F.2d 785 (C.C.P.A. 1977)
  4. Knickerbocker Toy Co. v. Faultless Starch Co.467 F.2d 501 (C.C.P.A. 1972)
  5. Application of Marriott-Hot Shoppes, Inc. (Now by Change of Name, Marriott Corporation)411 F.2d 1025 (C.C.P.A. 1969)
  6. United States Treasury v. Synthetic Plastics Co.341 F.2d 157 (C.C.P.A. 1965)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Master, Wardens, Searchers v. Sheffield Steel Corp, 215 F.2d 285 (C.C.P.A. 1954) 5

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