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J. S. IVINS' SON v. UNITED BISCUIT CO. OF AMERICA

Patent Appeal No. 5206.

158 F.2d 397 (1946)

J. S. IVINS' SON, Inc., v. UNITED BISCUIT CO. OF AMERICA.

Court of Customs and Patent Appeals.

December 9, 1946.

Attorney(s) appearing for the Case

Benj. T. Rauber, of New York City (Joseph H. Milans, of Washington, D. C., of counsel), for appellant.

Robert I. Dennison, of Washington, D. C. (John F. Brezina, of Chicago, Ill., of counsel), for appellee.

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

BLAND, Associate Judge.

This is an appeal in a United States Patent Office trade-mark opposition proceeding from the decision of the Commissioner of Patents, 65 U.S.P.Q. 50, affirming that the Examiner of Trade-mark Interference which sustained the opposition filed by the appellee and denied appellant registration of its mark, comprised of the picture of a gate and a house and the notation "Gate House Cookies by Ivins." The words "Cookies by Ivins" were disclaimed...

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