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JONES & LAUGHLIN STEEL CORP. v. JONES ENGINEERING CO.

Patent Appeal No. 6681.

292 F.2d 294 (1961)

JONES & LAUGHLIN STEEL CORPORATION, Appellant, v. JONES ENGINEERING CO., Appellee.

United States Court of Customs and Patent Appeals.

July 7, 1961.

Attorney(s) appearing for the Case

G. R. Harris, Pittsburgh, Pa. (Davidson C. Miller, Washington, D. C., of counsel), for appellant.

Carlton Hill, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., for appellee.

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

WORLEY, Chief Judge.

Appellee seeks registration of "Jal-O-Vent" for use on "Ventilators to be Mounted in Glass Block Wall Areas of Houses and the Like." Use since July 8, 1957, is alleged. Registration is opposed by appellant, Jones & Laughlin Steel Corporation, on the basis of prior use and registration of "JALCASE" for hot rolled and cold finished steel bars;1 "JALLOY" for metal in bar form and metal wire,2

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