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LANTZ BROS. BAKING CO. v. GRANDMA CAKE CO.

Patent Appeal No. 5213.

161 F.2d 739 (1947)

LANTZ BROS. BAKING CO. v. GRANDMA CAKE CO. et al.

Court of Customs and Patent Appeals.

Rehearing Denied June 13, 1947.

Attorney(s) appearing for the Case

Eugene C. Taylor, of Washington, D. C., and Don A. Fischer, and Dunbar & Biggs, all of St. Louis, Mo. (James V. Dunbar, of St. Louis, Mo., of counsel), for appellant.

Harry F. Riley, of Washington, D. C., for appellees.

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

GARRETT, Presiding Judge.

This is an appeal from the decision of the Commissioner of Patents (speaking through the First Assistant Commissioner), 64 USPQ 426, reversing the decision of the Examiner of Trade-Mark Interferences in a trade-mark interference proceeding involving appellant's application (serial No. 435,505) for registration of the word "Grandma's" as a trade-mark for cakes and cookies, and two registrations (No. 250,762 and No. 266,411) for the same word...

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