MEYER CHEMICAL COMPANY v. ANAHIST CO.

Patent Appeal No. 6415.

252 F.2d 300 (1958)

MEYER CHEMICAL COMPANY, Appellant, v. ANAHIST CO., Inc. (Warner-Lambert Pharmaceutical Company, Assignee, substituted), Appellee.

United States Court of Customs and Patent Appeals.

February 18, 1958.


Attorney(s) appearing for the Case

Margaret W. Laurence and Dean Laurence, Washington, D. C., for appellant.

Albert H. Graddis, Morris Plains, N. J., for appellee.

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


RICH, Judge.

In this appeal by the applicant from the Commissioner's decision (114 U.S.P. Q. 354) in a trademark opposition appellee has moved, pursuant to Rule 13 of this court, 35 U.S.C.Appendix, to correct diminution of the record.

It appears from the affidavit of appellee's attorney in support of the motion that appellant has omitted from the transcript of the Patent Office record filed in this court substantial parts of the testimony of three witnesses...

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