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BURROUGHS WELLCOME & CO. v. MEZGER PHARMACAL CO.

Patent Appeal No. 6154.

228 F.2d 243 (1955)

BURROUGHS WELLCOME & CO. (U.S.A.) Inc. v. MEZGER PHARMACAL CO., Inc.

United States Court of Customs and Patent Appeals.

December 8, 1955.

Attorney(s) appearing for the Case

James M. Mason, New Haven, Conn., for appellant.

Joseph J. Juhass, New York City, for appellee.

Before O'CONNELL, Acting Chief Judge, and JOHNSON, WORLEY, COLE, and JACKSON, Associate Judges.

O'CONNELL, Acting Chief Judge.

This is an appeal from the decision of the Examiner-in-Chief of the United States Patent Office, 100 U.S.P.Q. 322, acting for the Commissioner of Patents, affirming the action of the Examiner of Interferences dismissing an opposition by appellant to appellee's application for registration of the word "Lipofax" as a trade-mark for "a medicinal preparation in tablet form, namely, a vitamin product indicated for use in the management of...

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