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BAXTER LABORATORIES v. DON BAXTER, INC.

Special Patent Docket No. 45.

186 F.2d 511 (1951)

BAXTER LABORATORIES, Inc. v. DON BAXTER, Inc.

United States Court of Customs and Patent Appeals.

January 29, 1951.

Attorney(s) appearing for the Case

Lyon & Lyon, Los Angeles, Cal., for Don Baxter, Inc., applicant-appellant.

Scrivener & Parker, Washington, D. C., for Baxter Laboratories, Inc., opposer-appellee.

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

JOHNSON, Judge.

The decision of the Commissioner of Patents in this case (1) sustained the opposition filed by Baxter Laboratories, Inc. to the registration on the principal register sought by Don Baxter, Inc., and, in addition, (2) denied ex parte the registration of the applicant's mark.

The issue presented for the Commissioner's decision inter partes in the opposition proceeding was whether the applicant...

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