Melville Fuller

“ Such judicial proceedings as there are issue and culminate in a purely ministerial act-the mere registration of a mark-which, if the statute is void, cannot possibly prejudice the right of the opponent or of anyone else. ”

“ Stat. Supp. 1907, p. 1008.'
'That if an applicant for registration of a trademark . . . is dissatisfied with the decision of the Commissioner of Patents, he may appeal to the court of appeals of the District of Columbia, on complying with the conditions required in case of an appeal from the decision of the Commissioner by an applicant for patent, or a party to an interference as to an invention, and the same rules of practice and procedure shall govern in every stage of such proceedings, as far as the same may be applicable.' Gaines v. ”

“ It is not as if the culminating act interfered with the person or property of others. We sit to review the action of the officer from the same standpoint which he was bound to take. Although the case is now before a court, the case itself is not changed, nor are the rules changed by which it should be decided. ”