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BAUSCH & LOMB OPTICAL CO. v. INTERNATIONAL INDUSTRIES

Patent Appeal No. 4887.

142 F.2d 1016 (1944)

BAUSCH & LOMB OPTICAL CO. v. INTERNATIONAL INDUSTRIES, Inc.

Court of Customs and Patent Appeals.

April 27, 1944.

Attorney(s) appearing for the Case

G. A. Ellestad, of Rochester, N. Y. (G. F. Smyth, of Rochester, N. Y., of counsel), for appellant.

Strauch & Hoffman and William A. Strauch, all of Washington, D. C. (James A. Hoffman, of Washington, D. C., of counsel), for appellee.

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

BLAND, Acting Presiding Judge.

This is an appeal from the decision of the Commissioner of Patents, 56 U.S.P.Q. 234, reversing that of the Examiner of Interferences in a trade-mark opposition proceeding. It was argued together with 142 F.2d 1019, which is decided concurrently herewith.

The appellee, International Industries, Inc., hereinafter referred to as applicant, applied for the registration of a trade-mark comprising...

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