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QUAKER OATS COMPANY v. ST. JOE PROCESSING COMPANY

Patent Appeal No. 6204.

232 F.2d 653 (1956)

The QUAKER OATS COMPANY, Appellee, v. ST. JOE PROCESSING COMPANY, Inc., Appellant.

United States Court of Customs and Patent Appeals.

April 18, 1956.

Attorney(s) appearing for the Case

Woodson, Pattishall & Garner, William T. Woodson and Beverly W. Pattishall, Chicago, Ill., for appellant.

No appearance or brief for appellee.

Before JOHNSON, Acting Chief Judge, and WORLEY and JACKSON (retired), Judges.

JOHNSON, Acting Chief Judge.

This is an appeal from the decision of the Commissioner of Patents, speaking through the Assistant Commissioner, 102 USPQ 451, sustaining the decision of the Examiner of Interferences which dismissed appellant's notice of opposition seeking to prevent registration of the mark "Vit-A-Pep" for feeds for poultry, turkeys, hogs, dairy cattle, and stock.

Appellant is the owner of the mark "Ful-O-Pep" for poultry feed, turkey feed, dog...

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