In re Johns-Manville, Inc.

VAN ORSDEL, Associate Justice.

This appeal is from the decision of the Commissioner of Patents, denying registration of a mark described by the Commissioner as follows : “A mark consisting of a colored band, preferably of paper, placed on the inside wall and at one end of a section of cylindrical pipe cohering. While originally the band was described as red in color, subsequently the application was amended to eliminate reference to any particular col- or; so registration is now sought for a band of any color placed in the position above noted.”

We agree with the tribunals of the Patent Office…