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WITCO CHEMICAL COMPANY v. WHITFIELD CHEMICAL COMPANY

Patent Appeal No. 8207.

418 F.2d 1403 (1969)

WITCO CHEMICAL COMPANY, Inc., Appellant, v. WHITFIELD CHEMICAL COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

December 18, 1969.

Attorney(s) appearing for the Case

Sidney Wallenstein, Chicago, Ill., attorney of record, for appellant. Ben Cohen, Washington, D. C., Charles B. Spangenberg, Chicago, Ill., of counsel.

William C. McCoy, Jr., Robert D. Hart, McCoy, Greene & Howell, Cleveland, Ohio, for appellee.

Before RICH, Acting Chief Judge, MATTHEWS, Judge, sitting by designation, and ALMOND, BALDWIN and LANE, Judges.

RICH, Acting Chief Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 153 USPQ 412 (1967), in consolidated proceedings, Opposition No. 41,512 and Cancellation No. 7,847.1

The opposition involves appellee's application serial No. 102,271, filed Aug. 8, 1960, to register, on the Principal Register, WHIT CHEM (with design of a retort, all inside a hexagonal border) as a trademark for "Compositions...

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