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McKESSON & ROBBINS v. FIRST TEXAS CHEMICAL MFG. CO.

Patent Appeal No. 5234.

159 F.2d 770 (1947)

McKESSON & ROBBINS, Inc., v. FIRST TEXAS CHEMICAL MFG. CO.

Court of Customs and Patent Appeals.

February 11, 1947.

Attorney(s) appearing for the Case

Samuel Herrick, of Washington, D. C., for appellant.

Cushman, Darby & Cushman, of Washington, D. C. (William M. Cushman, of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

Appellee, First Texas Chemical Manufacturing Co., filed application in the United States Patent Office for the registration of its trade-mark "Ora-Cel," allegedly used in connection with the sale of a vitamin preparation.

McKesson & Robbins, Incorporated, appellant, filed a notice of opposition against the application, based upon its ownership and registration of two trade-marks, "Ora" and "Oraform," used since 1927 and 1915

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