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MINNESOTA MINING & MANUFACTURING CO. v. McDONNELL

Patent Appeal No. 5309.

163 F.2d 557 (1947)

MINNESOTA MINING & MANUFACTURING CO. v. McDONNELL.

Court of Customs and Patent Appeals.

Rehearing Denied September 29, 1947.

Attorney(s) appearing for the Case

Harold J. Kinney, of St. Paul, Minn. (Carpenter, Abbott, Coulter & Kinney, of St. Paul, Minn., of counsel), for appellant.

Brown, Jackson, Boettcher & Dienner, of Chicago, Ill. (John A. Dienner and Edward C. Grelle, both of Chicago, Ill., of counsel), for appellee.

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

JACKSON, Associate Judge.

This is an appeal in a trade-mark opposition proceeding from a decision, 67 U.S.P.Q. 173, of the Commissioner of Patents, by Leslie Frazer, First Assistant Commissioner, affirming that of the Examiner of Interferences dismissing appellant's notice of opposition and adjudging that appellee is entitled to the registration for which he made application.

The application, Serial No. 452,310, was filed April 13, 1942, and alleged January...

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