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CAMPBELL PRODUCTS v. JOHN WYETH & BRO.

Patent Appeal No. 4905.

143 F.2d 977 (1944)

CAMPBELL PRODUCTS, Inc., v. JOHN WYETH & BRO., Inc.

Court of Customs and Patent Appeals.

June 26, 1944.

Attorney(s) appearing for the Case

Walter M. Fuller and E. W. Shepard, both of Washington, D. C., for appellant.

Thomas L. Mead, Jr., of Washington, D. C., for appellee.

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

BLAND, Associate Judge.

This is a United States Patent Office trade-mark opposition appeal. The appellant-applicant applied in the Patent Office for registration of the trade-mark "Alutropin." Appellee-opposer filed notice of opposition to the registration of said mark, basing its opposition upon the prior use and registration of its trade-mark "Alulotion". Priority of use by appellee is not disputed. Concerning appellant's mark, we quote the following from appellant...

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