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WHITE CO. v. VITA-VAR CORPORATION

Patent Appeals No. 5663.

182 F.2d 217 (1950)

WHITE CO. v. VITA-VAR CORPORATION.

United States Court of Customs and Patent Appeals.

May 9, 1950.

Attorney(s) appearing for the Case

Karl W. Flocks, Washington, D. C., for appellant.

S. Michael Ress, New York City, for appellee.

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

GARRETT, Chief Judge.

This is an appeal from the decision rendered by the Assistant Commissioner of Patents, acting for the Commissioner, in a trade-mark opposition proceeding, 76 US PQ 267.

The decision appealed from reversed the decision of the Examiner of Interferences who, dismissing the notice of opposition of Vita-Var Corporation, held that The White Company was entitled to have registered the word "Hydrolite" as a trade-mark for "Casein Wall Paint,...

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