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NEW CASTLE PRODUCTS, INC. v. AMERICAN DOOR COMPANY

Patent Appeal No. 6710.

291 F.2d 954 (1961)

NEW CASTLE PRODUCTS, INC., Appellant, v. AMERICAN DOOR COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

July 12, 1961.

Attorney(s) appearing for the Case

Cromwell, Greist & Warden, Chicago, Ill. (Fred S. Lockwood, Chicago, Ill., of counsel), for appellant.

Eugene C. Knoblock, South Bend, Ind., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Associate Judges, and Judge WILLIAM H. KIRKPATRICK.

WORLEY, Chief Judge.

Applicant-appellee seeks registration of "Magna-Fold" for "Doors of Accordion Pleated Extensible and Contractable Type Having a Folded Frame and a Flexible Sheet Covering of the Accordion Folded Type." Registant-appellant opposes on the basis of prior use and registration of "Modernfold" for "Fabric Covered Folding Door:"1 "Fabric And Like Covered Collapsible Metal Frame Units Serviceable As Partition And Door Type...

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