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LIBBEY-OWENS-FORD GLASS CO. v. GENERAL ALUMINUM W. CO.

Patent Appeal No. 6495.

275 F.2d 947 (1960)

LIBBEY-OWENS-FORD GLASS COMPANY v. GENERAL ALUMINUM WINDOW CO., Inc.

United States Court of Customs and Patent Appeals.

March 15, 1960.

Attorney(s) appearing for the Case

Harness, Dickey & Pierce, Detroit, Mich. (John A. Blair, Detroit, Mich., of counsel), for appellant.

John H. Lewis, Jr., Washington, D. C., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.

MARTIN, Judge.

This appeal is from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, reversing the Examiner of Interferences and dismissing an opposition to the registration of "Therm-O-Lite" on the Principal Register.

Appellant's registered mark, "Thermopane,"1 has been used by Libbey-Owens-Ford (L-O-F) since 1934, when it was acquired from the predecessor in use, Thermopane Company, to identify...

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