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WOOL NOVELTY CO. v. SWIFT & CO.

No. 5565.

176 F.2d 927 (1949)

WOOL NOVELTY CO., Inc. v. SWIFT & CO.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 4, 1949.

Attorney(s) appearing for the Case

Mock & Blum, New York City (Charles R. Allen, Washington, D. C. and Asher Blum, New York City, of counsel) for appellant.

Roy G. Story, Washington, D. C. (Harry W. F. Glemser, Washington, D. C., of counsel) for appellee.

Before GARRETT, Chief Judge, and HATFIELD, JACKSON, O'CONNELL, and JOHNSON, Judges.

GARRETT, Chief Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the late Leslie Frazer, First Assistant Commissioner, reversing the decision of the Examiner of Interferences in a trade-mark opposition proceeding. See Wool Novelty Co., Inc. v. Swift & Co., 73 U.S.P.Q. 491.

The decision of the commissioner, awarded to appellee, hereinafter usually referred to as Swift & Company, the right to have registered...

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