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BEST LOCK CORPORATION v. SCHLAGE LOCK COMPANY

Patent Appeal No. 8154.

413 F.2d 1195 (1969)

BEST LOCK CORPORATION, Appellant, v. SCHLAGE LOCK COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 23, 1969.

Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Taggart, New York City, attorneys of record, for appellant. Leslie D. Taggart and Albert Robin, New York City, of counsel.

Leo A. Rosetta, Washington, D. C., Marcus Lothrop, Lothrop & West, San Francisco, Cal., for appellee.

Before RICH, Acting Chief Judge, COLLINS and NEESE, Judges, sitting by designation, and ALMOND and BALDWIN, Judges.

RICH, Acting Chief Judge.

This appeal is from a decision1 of the Trademark Trial and Appeal Board granting opposer's motion for summary judgment in an opposition involving appellant's application serial No. 195,501, filed June 12, 1964, for registration on the Principal Register of a design mark thus described in the application:

The mark consists of the numeral 8 formed by the line of division between the lock core and housing...

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