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KELVINATOR CORPORATION v. NORGE CORPORATION

Patent Appeal No. 3898.

94 F.2d 384 (1938)

KELVINATOR CORPORATION v. NORGE CORPORATION.

Court of Customs and Patent Appeals.

February 7, 1938.

Attorney(s) appearing for the Case

Donald B. Waite, of Washington, D. C. (Theodore A. Hostetler and Watts T. Estabrook, both of Washington, D. C., of counsel), for appellant.

L. D. Burch, of Detroit, Mich. (Bacon & Thomas and Charles M. Thomas, both of Washington, D. C., of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents in a trademark opposition proceeding affirming the decision of the Examiner of Interferences dismissing the opposition of appellant, and holding appellee to be entitled to the registration of its trade-mark "Aerolator," for use on air-conditioning apparatus.

In its application, appellee stated that it had used its trade-mark on its goods since November 17, 1933.<...

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