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H. D. HUDSON MFG. CO. v. FOOD MACHINERY & CHEM. CORP.

Patent Appeal No. 6178.

230 F.2d 445 (1956)

H. D. HUDSON MANUFACTURING COMPANY, Appellant, v. FOOD MACHINERY AND CHEMICAL CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

February 21, 1956.

Attorney(s) appearing for the Case

Wilson & Geppert and Ira J. Wilson and Carl F. Geppert, Chicago, Ill., for appellant.

Woodcock & Phelan and Virgil E. Woodcock, Philadelphia, Pa. (Hans G. Hoffmeister, San Jose, Cal., and Robert B. Washburn, Philadelphia, Pa., of counsel), for appellee.

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

JOHNSON, Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 101 U.S.P.Q. 372, affirming the decision of the Examiner of Interferences which dismissed 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 "Rotomist" for agricultural and horticultural spraying and dusting machines in class 23, cutlery, machinery...

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