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CONTOUR CHAIR-LOUNGE CO. v. ENGLANDER COMPANY

Patent Appeal No. 7011.

324 F.2d 186 (1963)

CONTOUR CHAIR-LOUNGE CO., Inc., Appellant, v. The ENGLANDER COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied January 17, 1964.

Attorney(s) appearing for the Case

Kingsland, Rogers, Ezell & Robbins, Estill E. Ezell, Edmund C. Rogers, St. Louis, Mo., for appellant.

Olson, Trexler, Wolters & Bushnell, Chicago, Ill. (Richard Bushnell, Chicago, Ill., of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

RICH, Judge.

This is an appeal by the opposer in a consolidated opposition and cancellation proceeding wherein the Patent Office Trademark Trial and Appeal Board dismissed both the opposition and the petition to cancel. (133 U.S.P.Q. 573.)

The petitioner for cancellation, who was the applicant in the opposition, took no appeal from the dismissal of its petition, wherefore that proceeding (No. 7,462) has terminated and is not before us. The only decision here...

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