W. E. KAUTENBERG CO. v. EKCO PRODUCTS COMPANY

Patent Appeal No. 6307.

251 F.2d 628 (1958)

W. E. KAUTENBERG CO., Appellant, v. EKCO PRODUCTS COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

January 22, 1958.


Attorney(s) appearing for the Case

Kent W. Wonnell, Chicago, Ill. (Ellsworth M. Jennison, Washington, D. C., of counsel), for appellant.

Roy E. Petherbridge and Stanley Hoods, Chicago, Ill., for appellee.

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


JOHNSON, Chief Judge.

This is an appeal in an opposition proceeding from the decision of the Commissioner of Patents, 109 USPQ 107, speaking through the Assistant Commissioner, reversing the decision of the Examiner of Interferences which dismissed the opposition and which held that applicant (appellant here) was entitled to the registration sought.

The stipulated facts of record indicate that appellee is primarily engaged in the manufacture and sale of household...

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