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E. L. BRUCE COMPANY v. AMERICAN TERMICIDE COMPANY

Patent Appeal No. 6604.

285 F.2d 462 (1960)

E. L. BRUCE COMPANY, Appellant, v. AMERICAN TERMICIDE COMPANY, Inc., Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied February 6, 1961.

Attorney(s) appearing for the Case

Albert H. Kirchner, Washington, D. C., for appellant.

Julius R. Lunsford, Jr., Atlanta, Ga., for appellee.

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

MARTIN, Judge.

This is an appeal from a decision of the Commissioner of Patents, acting through the Assistant Commissioner, 121 USPQ 586, affirming dismissals by the Examiner of Interferences of a notice of opposition and a petition for cancellation brought by appellant, E. L. Bruce Company. The appellee, American Termicide Company, Inc., is owner of the trademark, "Termicide," registered in the United States Patent Office for wood preservative. Appellee has also...

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