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UNITED DRUG CO. v. MERCIREX CO.

Patent Appeals Nos. 5686, 5687.

182 F.2d 222 (1950)

UNITED DRUG CO. v. MERCIREX CO. (two cases).

United States Court of Customs and Patent Appeals.

May 9, 1950.

Attorney(s) appearing for the Case

Richard A. Mahar and Albert H. Kirchner, Washington, D. C., for appellant.

Charles M. Thomas and Sidney W. Russell, Washington, D. C., for appellee.

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

O'CONNELL, Judge.

These are appeals in consolidated opposition proceedings from the decisions of the Commissioner of Patents, 77 U.S.P.Q. 319 and 77 U.S.P.Q. 322. The cases were here submitted on two separate records but were briefed and argued together. Accordingly, we shall dispose of the two appeals in one decision.

The goods of the parties are of the same descriptive properties and the only question for consideration is whether "Mercirex" so nearly resembles...

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