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CELANESE CORP. v. E. I. DU PONT DE NEMOURS & CO.

Patent Appeal No. 5101.

154 F.2d 146 (1946)

CELANESE CORPORATION OF AMERICA v. E. I. DU PONT DE NEMOURS & CO.

Court of Customs and Patent Appeals.

March 6, 1946.

Attorney(s) appearing for the Case

I. Seltzer and C. W. Levinson, both of New York City, for appellant.

Stone, Boyden & Mack, of Washington, D. C. (Wilson C. Baily, of West Chester, Pa., and J. Hanson Boyden, of Washington, D. C., of counsel), for appellee.

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

O'CONNELL, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents, rendered by the First Assistant, 62 U.S.P.Q. 93, affirming the action of the Examiner of Trade-Mark Interferences in sustaining the opposition of appellee, owner and user of the trade-mark "Cordura," to the registration of appellant's mark "Celdura."

Appellee took testimony in support of its case, appellant being present and subjecting the witnesses to cross-examination...

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