(specially concurring).
While I agree that we should not, under the circumstances of -this case, consider the question as to whether appellee is using the word “Worsterlon” as a style mark, as the name of a fabric, or as a trade-mark, I am not convinced that we have no authority to do so. This court, in several instances involving inter partes cases has passed upon ex parte questions of right to register trademarks, which were not made the basis of appeal from the decision of the commissioner. Coschocton Glove Company v. Buckeye Glove Company, 90 F.2d 660, 24 C.C.P.A., Patents, 1338; Tidy-House Paper Products, Inc., v. Tidy House Products Co., 189 F.2d 280, 38 C.C.P.A., Patents, 1099; and Minnesota Mining and Mfg. Co. v. Minnesota Linseed Oil Paint Co., 229 F.2d 448, 43 C.C.P.A., Patents, 746. There appears to me to be no clear difference in principle between those cases and the instant one.