Mr. George L. Wilkinson, of Chicago, Ill., for petitioner. [256 U.S. 40, 41] Mr. Nathan Heard, of Boston, Mass., for Simplex Electric Heating Co.
Mr. Justice DAY delivered the opinion of the Court.
In this case a writ of certiorari was granted by this court on October 13, 1919, 250 U.S. 655 , 40 Sup. Ct. 10. The case involves an application for the registration of a trade-mark, which was refused by the Examiner in the Patent Office, which decision was affirmed by the Commissioner of Patents and his decision was affirmed by the Court of Appeals of the District of Columbia. 49 App. D. C. 16, 258 Fed. 160. This case is ruled by Nos. 139 and 113, just decided. Baldwin Co. v. Howard Co., 256 U.S. 35 , 41 Sup. Ct. 405, 65 L. Ed. --. As the writ of certiorari in this case, for the reasons stated in the opinion in No. 139, was improvidently granted, it follows that the cause must be dismissed for want of jurisdiction; and it is