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FIRESTONE TIRE & RUBBER CO. v. MONTGOMERY WARD & CO.

Patent Appeals No. 4972.

150 F.2d 439 (1945)

FIRESTONE TIRE & RUBBER CO. v. MONTGOMERY WARD & CO., Inc.

Court of Customs and Patent Appeals.

Rehearing Denied July 2, 1945.

Attorney(s) appearing for the Case

Ely & Frye, of Akron, Ohio (Albert L. Ely and Bernard C. Frye, both of Akron, Ohio, and Charles M. Thomas, of Washington, D. C., of counsel), for appellant.

F. P. Keiper, of Chicago, Ill. (Earle D. Crammond, of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

From a decision of the Commissioner of Patents, 59 U.S.P.Q. 27, speaking through the First Assistant Commissioner, affirming that of the Examiner of Interferences, which sustained appellee's notice of opposition to the registration of appellant's trade-mark and adjudged that the applicant (appellant) was not entitled to the registration applied for, appellant has here appealed.

The goods of appellant (hereinafter referred to as Firestone...

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