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INTERNATIONAL LATEX CORP. v. I. B. KLEINERT RUBBER CO.

Patent Appeal No. 4108.

104 F.2d 382 (1939)

INTERNATIONAL LATEX CORPORATION v. I. B. KLEINERT RUBBER CO.

Court of Customs and Patent Appeals.

June 15, 1939.

Attorney(s) appearing for the Case

Martin T. Fisher, of Washington, D. C. (Nims & Verdi and Percy E. Williamson, Jr., all of New York City, of counsel), for appellant.

Edwin Levisohn, of New York City (Harry Cohen, of New York City, of counsel), for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, 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 appellee's notice of opposition and holding that appellant was entitled to the registration of its trade-mark for use on babies' rubber pants.

Appellant's mark consists of an outline drawing of two babies, clad in panties only. One of the babies is shown in profile...

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