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DAYTON RUBBER CO. v. GENERAL FELT PRODUCTS CO.

Patent Appeal No. 6138.

223 F.2d 734 (1955)

The DAYTON RUBBER CO. v. GENERAL FELT PRODUCTS CO.

United States Court of Customs and Patent Appeals.

July 1, 1955.

Attorney(s) appearing for the Case

Clarence B. DesJardins, Howard T. Keiser and DesJardins, Robinson & Keiser, Cincinnati, Ohio (I. Louis Wolk, Dayton, Ohio, and Watts T. Estabrook, Washington, D. C., of counsel), for appellant.

Sidney Neuman, Chicago, Ill. (Thiess, Olson, Mecklenburger, vonHolst & Coltman, Chicago, Ill., of counsel), for appellee.

Before O'CONNELL, Acting Chief Judge, and JOHNSON, WORLEY, COLE, and JACKSON (retired), Judges.

WORLEY, Judge.

This appeal is from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 100 USPQ 26, reversing the decision of the Examiner of Interferences which dismissed the notice of opposition against registration of the mark "Springfoam" on, as originally filed, "sponge rubber in Class 1, Raw or Partly Prepared Materials," subsequently amended to include sponge rubber "in the form of sheet stock or pads for the manufacture...

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