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LIBBEY-OWENS-FORD GLASS COMPANY v. THERMOPROOF GLASS COMPANY

Patent Appeal No. 7839.

390 F.2d 770 (1968)

LIBBEY-OWENS-FORD GLASS COMPANY, Appellant, v. THERMOPROOF GLASS COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

February 15, 1968.

Attorney(s) appearing for the Case

John A. Blair, Bruce G. Klaas, Harness, Dickey & Pierce, Detroit, Mich., for appellant.

William C. McCoy, Jr., McCoy, Greene & Howell, Cleveland, Ohio, for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, 147 USPQ 109, dismissing the opposition of appellant, since at least 1934 the owner and registrant1 of the trademark THERMOPANE for various kinds of glass and glazing units including multiple glass sheet thermal glazing units, to the registration on the Principal Register of Therm-O-Proof (in somewhat distinctive script-form type) for ...

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