L. J. MUELLER FURNACE CO. v. UNITED CONDITIONING CORP.

Patent Appeal No. 6123.

222 F.2d 755 (1955)

L. J. MUELLER FURNACE CO. v. UNITED CONDITIONING CORP.

United States Court of Customs and Patent Appeals.

May 25, 1955.


Attorney(s) appearing for the Case

Curtis B. Morsell and Arthur L. Morsell, Jr., Milwaukee, Wis., for appellant.

Sawyer, Kennedy & Murray, New York City (Kenneth H. Murray, New York City, of counsel), for appellee.

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


JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 99 U.S.P.Q. 342, reversing the decision of the Examiner of Interferences which sustained appellant's notice of opposition to the registration by appellee, under the Trade-Mark Act of 1946, 15 U.S. C.A. § 1051 et seq., of the notation "Clime-matic" as a trade-mark for air conditioning units.

Appellee alleged May 12, 1949 as the...

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