KOEPPEL METAL FURNITURE CORP. v. DUNLEAVY COMPANY

Patent Appeal No. 7086.

328 F.2d 939 (1964)

KOEPPEL METAL FURNITURE CORP., Assignee of Koeppel Steel Products, Inc., Appellant, v. The DUNLEAVY COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 8, 1964.


Attorney(s) appearing for the Case

Keith, Isner, Byrne, Des Marias & Chandler, John P. Chandler, New York City, for appellant.

Blair & Buckles, Robert A. Townsend, Boston, Mass. (John F. McKenna, Boston, Mass., of counsel), for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges.


SMITH, Judge.

Out of what appellant has effectively characterized as "an amazing variety of proceedings in the Patent Office," a determinative issue appears to have materialized. The Trademark Trial and Appeal Board awarded priority in the mark "FILEX" to appellee in an opinion (134 USPQ 450) containing an extensive historical review of these proceedings, in which, as appellant so aptly puts it, "Interferences, Orders and a cancellation proceeding appeared, disappeared...

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