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EUREKA WILLIAMS CORP. v. KRES-KNO OIL BURNER MFG. CO.

Patent Appeals No. 5916.

202 F.2d 763 (1953)

EUREKA WILLIAMS CORP. v. KRES-KNO OIL BURNER MFG. CO., Inc.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 10, 1953.

Attorney(s) appearing for the Case

E. J. Balluff, Detroit, Mich. (Francis D. Thomas and Wm. Wallace Cochran, Washington, D. C., of counsel), for appellant.

Herbert J. Jacobi, Washington, D. C., for appellee.

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

WORLEY, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Examiner-in-Chief, in an opposition proceeding brought under the Trade-Mark Act of 1905, now 15 U.S.C.A. § 1052 et seq.

Appellee, Kres-Kno Oil Burner Manufacturing Company, Inc., hereinafter referred to as applicant, filed its application in the United States Patent Office for registration of the mark "Pow-R-Matic" for use on oil burners for domestic...

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