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CARNATION CO. v. CALIFORNIA GROWERS WINERIES

Patent Appeals Nos. 3974, 3975.

97 F.2d 80 (1938)

CARNATION CO. v. CALIFORNIA GROWERS WINERIES, Inc. (two cases).

Court of Customs and Patent Appeals.

June 6, 1938.

Attorney(s) appearing for the Case

C. P. Goepel, of New York City, for appellant.

Jackson & Webster, of San Francisco, Cal. (W. G. MacKay and Chas. R. Allen, both of Washington, D. C., of counsel), for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

JACKSON, Associate Judge.

These are two appeals from decisions of the Commissioner of Patents affirming those of the Examiner of Trade-Mark Interferences which dismissed the notices of opposition in oppositions Nos. 14,346 and 14,347. In both proceedings the issues are identical. Both were submitted on the same record and were briefed and argued here together. Both will be disposed of in a single opinion.

Appellee, a dealer in wines and brandy, who is an applicant...

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