ASTRA PHARMACEUTICAL PRODUCTS, INC. v. PHARMATON, S. A.

Patent Appeal No. 7261.

345 F.2d 189 (1965)

ASTRA PHARMACEUTICAL PRODUCTS, INC., Appellant, v. PHARMATON, S. A., d.b.a. Pharmaton A. G. and Pharmaton Ltd., Appellee.

United States Court of Customs and Patent Appeals.

May 20, 1965.


Attorney(s) appearing for the Case

Francis J. Sullivan, New York City (Joe E. Daniels, New York City, of counsel), for appellant.

Submitted on record by appellee.

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


MARTIN, Judge.

Appellee Pharmaton, S. A., d.b.a. Pharmaton A. G. and Pharmaton Ltd. (Pharmaton), filed an application1 to register LIDOCATON on the Principal Register as a mark for a local anesthetic for dental and medical purposes.

Registration has been opposed2 by appellant Astra Pharmaceutical Products, Inc. (Astra). Astra alleges that prior to the filing date of appellee's application it had manufactured...

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