Application of Sun Oil Company

I agree with the result reached by the majority which is supported by an opinion largely relying on and incorporating by reference the opinion of the board. While I do not disagree with anything said in the majority’s opinion, I do not accord the survey evidence, by which it was attempted to show “secondary meaning,” the significance apparently accorded it by the board. The examiner accorded it none. I do not agree with the board’s statement that “This case turns upon the sufficiency of applicant’s evidence” of “secondary meaning.”

The examiner in this case was of the view, as the board…