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YEASTIES PRODUCTS v. GENERAL MILLS

Patent Appeal No. 3402.

77 F.2d 523 (1935)

YEASTIES PRODUCTS, Inc., v. GENERAL MILLS, Inc.

Court of Customs and Patent Appeals.

May 27, 1935.

Attorney(s) appearing for the Case

Lester G. Budlong, of New York City, for appellant.

Paul, Paul & Moore, of Minneapolis, Minn. (A. C. Paul and Harold Olsen, both of Minneapolis, Minn., and Oscar W. Giese, of Washington, D. C., of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents reversing the decision of the Examiner of Interferences dismissing the opposition of appellee and holding that appellant was entitled to the registration of the trade-mark "Yeasties," for use on a cereal breakfast food, comprising whole wheat and bran flakes, treated with yeast.

Appellant alleged in its application for registration...

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