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PENNZOIL CO. v. HERCULES POWDER CO.

Patent Appeal No. 4039.

95 F.2d 339 (1938)

PENNZOIL CO. v. HERCULES POWDER CO.

Court of Customs and Patent Appeals.

March 28, 1938.

Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y. (Joseph W. Milburn, of Washington, D. C., of counsel), for appellant.

Edward B. Beale, of Washington, D. C. (John A. Graves, of Wilmington, Del., of counsel), for appellee.

R. F. Whitehead, of Washington, D. C., amicus curiæ.

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

BLAND, Associate Judge.

The appellee, Hercules Powder Company, has here moved to dismiss the instant appeal of the Pennzoil Company.

The motion is based upon the following facts: The Hercules Powder Company sought to register in the United States Patent Office the term "Dipensol" for a terpene hydrocarbon solvent for use in processes and compounds using turpentine. The Pennzoil Company filed notice of opposition, based upon its ownership and use of its registered...

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