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HUNTINGTON LABORATORIES v. ONYX OIL & CHEMICAL CO.

Patent Appeals No. 5369.

165 F.2d 454 (1948)

HUNTINGTON LABORATORIES, Inc. v. ONYX OIL & CHEMICAL CO.

Court of Customs and Patent Appeals.

January 6, 1948.

Attorney(s) appearing for the Case

Ralph G. Lockwood, of Indianapolis, Ind., Dwight B. Galt, of Washington, D. C., and Elmer L. Goldsmith, of Indianapolis, Ind., for appellant.

Kenneth H. Murray, Murray & Parker and Albert M. Parker, all of New York City, for appellee.

Before GARRETT, P. J., and BLAND, HATFIELD, JACKSON, and O'CONNELL, JJ.

GARRETT, Presiding Judge.

This is an appeal from the decision rendered by the First Assistant Commissioner of Patents, the late Honorable Leslie M. Frazer, affirming the decision of the Examiner of Interferences in a trade-mark registration opposition proceeding. Huntington Laboratories, Inc., v. Onyx Oil and Chemical Co., 69 U.S.P.Q. 440.

On January 4, 1944, appellee filed its application for registration under the Trade-Mark Registration Act of February...

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