In re Bourns

This is an appeal from the decision of the Commissioner of Patents, 111 USPQ 851, affirming the action of the examiner in finally refusing registration on the Supplemental Register of appellant’s alleged trademark for potentiometers consisting of an elongated rectangular body provided with eyelets on two of its long sides and having a U-shaped channel member covering three of such sides except for narrow marginal portions. An adjusting screw head is located in one end.

Refusal to grant registration was on the ground that the subject matter is not capable of distinguishing applicant’s goods in…