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CALIFORNIA STUCCO PROD. OF N. E. v. MASS & WALDSTEIN CO.

Patent Appeal No. 6429.

272 F.2d 398 (1959)

CALIFORNIA STUCCO PRODUCTS OF NEW ENGLAND, INC. v. MAAS & WALDSTEIN CO.

United States Court of Customs and Patent Appeals.

December 2, 1959.

Attorney(s) appearing for the Case

Porter, Chittick & Russell, Boston, Mass. (Cedric W. Porter, Boston, Mass., of counsel), for appellant.

Harry C. Bierman, New York City (Jordan B. Bierman, New York City, of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and JOHNSON (retired), Associate Judges [original argument before WORLEY, Acting Chief Judge, and RICH, MARTIN, and JOHNSON (retired), Associate Judges].

MARTIN, Judge.

This appeal is from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, affirming the decision of the Examiner of Interferences sustaining the opposition by Maas & Waldstein Co., appellee here, to the applications for registration of "Plexichrome"1 for a "finish coating for asphalt and concrete surfaces," and for "Plexicolor"

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