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W. B. RODDENBERY CO. v. KALICH

Patent Appeal No. 5225.

158 F.2d 289 (1946)

W. B. RODDENBERY CO. v. KALICH.

Court of Customs and Patent Appeals.

December 9, 1946.

Attorney(s) appearing for the Case

A. W. Murray, of Chicago, Ill., for appellant.

Jackson, Webster & Read, of Washington, D. C. (Wm. G. MacKay and Chas. R. Allen, both of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

The appellant, W. B. Roddenbery Co. (hereinafter referred to as Roddenbery), has appealed here from the decision of the Commissioner of Patents, 65 USPQ 254, overruling that of the Examiner of Trademark Interference which sustained Roddenbery's notice of opposition to appellee Kalich's application for the registration of the notation "Big Patch" as a trade-mark which, as applied for, was for fresh vegetables. The notice of opposition was based...

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