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CALIFORNIA CYANIDE CO. v. AMERICAN CYANAMID CO.

Patent Appeal No. 2315.

40 F.2d 1003 (1930)

CALIFORNIA CYANIDE CO. v. AMERICAN CYANAMID CO.

Court of Customs and Patent Appeals.

May 28, 1930.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Dean S. Edmonds, George J. Hesselman, and Ernest H. Merchant, all of New York City, and R. K. Stevens, of Washington, D. C., of counsel), for appellant.

H. S. Bierman, of New York City, for appellee.

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

HATFIELD, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents reversing the decision of the Examiner of Interferences dismissing the notice of opposition of appellee and holding that appellant was entitled to the registration of the trade-mark "Calcyanide" for use on fumigants.

In its notice of opposition, appellee, the American Cyanamid Company, declared that it would be injured by the registration of appellant's trade-mark...

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