Court of Customs and Patent Appeals December 14, 1978, Appeal No. 78-562 (In re Abcor Development Corp.)

RICH, Judge,

concurring, with whom MARKEY, Chief Judge, joins.

For all the majority’s extensive review and discussion of various “tests,” propounded from time to time in various places, for determining § 2(e)(1) descriptiveness, the opinion fails to state why I believe GAS-BADGE is “merely descriptive” under the statute.

My reasoning is very simple and requires no application of an elusive test.