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BARBER-COLMAN CO. v. OVERHEAD DOOR CORPORATION

Patent Appeal No. 3158.

65 F.2d 147 (1933)

BARBER-COLMAN CO. v. OVERHEAD DOOR CORPORATION.

Court of Customs and Patent Appeals.

May 29, 1933.

Attorney(s) appearing for the Case

Lincoln B. Smith, of Chicago, Ill., for appellant.

Otto F. Barthel, of Detroit, Mich. (T. L. Meade, Jr., of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents, reversing a decision of the Examiner of Trade-Mark Interferences, and dismissing appellant's petition for cancellation of appellee's trade-mark registration, No. 250,386, issued December 11, 1928, of the words "Over Head Door," which mark is registered for use on garage doors, the word "Door" being disclaimed.

The door manufactured by both appellant and appellee is...

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