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PARKE, DAVIS & CO. v. G. F. HARVEY CO.

Patent Appeal No. 4817.

141 F.2d 132 (1944)

PARKE, DAVIS & CO. v. G. F. HARVEY CO.

Court of Customs and Patent Appeals.

February 7, 1944.

Attorney(s) appearing for the Case

Whittemore, Hulbert & Belknap, of Washington, D. C., and William H. Gross, of Detroit, Mich., for appellant.

Joseph J. Juhass, of New York City, for appellee.

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

BLAND, Associate Judge.

The appellee-applicant applied to the United States Patent Office for the registration of its trade-mark "Digiseals" for use upon a digitalis preparation, and such proposed registration was opposed by the appellant, hereinafter referred to as opposer, upon the basis of its prior use of its trade-mark for a similar digitalis preparation, "Kapseals Digifortis," which is a combination of its two registered marks "Kapseals" and "Digifortis." Opposer...

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