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BASIC FOOD MATERIALS v. KEYES FIBRE CO.

Patent Appeals No. 5308.

162 F.2d 422 (1947)

BASIC FOOD MATERIALS, Inc. v. KEYES FIBRE CO.

Court of Customs and Patent Appeals.

June 3, 1947.

Attorney(s) appearing for the Case

Oberlin, Limbach & Day, of Cleveland, Ohio (Edwin R. Hutchinson, of Washington, D.C., and Almon S. Nelson, of Richmond, Va., of counsel), for appellant.

Hall & Houghton, of Washington, D.C. (Joseph Y. Houghton, of Washington, D. C., of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from the decision of the Commissioner of Patents reversing the decision of the Examiner of Interferences dismissing appellee's notice of opposition and holding that appellant was entitled to register the trade-mark "BAKE-RITE" for use on paper baking pans.

In its application for registration, appellant stated that it had used its trade-mark on its goods since about November...

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