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MISHAWAKA RUBBER & WOOLEN MFG. CO. v. BRADSTONE R. CO.

Patent Appeal No. 3989.

94 F.2d 385 (1938)

MISHAWAKA RUBBER & WOOLEN MFG. CO. v. BRADSTONE RUBBER CO.

Court of Customs and Patent Appeals.

February 7, 1938.

Attorney(s) appearing for the Case

Eugene M. Giles, of Chicago, Ill. (E. W. Shepard and T. A. Hostetler, both of Washington, D. C., of counsel), for appellant.

Robert E. Barry and A. A. Cyr, both of Washington D. C. (Thomas L. Mead, Jr., of Washington, D. C., of counsel), for appellee.

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

LENROOT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents, vacating a decision of the Examiner of Interferences which sustained an opposition of appellant to the registration of a trade-mark by appellee, and adjudged that appellee was not entitled to the registration of the mark, application for which was filed by it on April 4, 1935. The decision of the Commissioner also ordered that appellant's notice of opposition be stricken from...

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