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MINNESOTA MINING & MFG. CO. v. JOHNSON AND JOHNSON

Patent Appeal No. 8567.

454 F.2d 1179 (1972)

MINNESOTA MINING AND MANUFACTURING CO., Appellant, v. JOHNSON AND JOHNSON, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 1, 1972.

Attorney(s) appearing for the Case

Charles H. Lauder, St. Paul, Minn., attorney of record, for appellant.

Norman St. Landau, New Brunswick, N. J., attorney of record, for appellee; Henry W. Leeds, Washington, D. C., of counsel.

Before WORLEY, Chief Judge and RICH, ALMOND, BALDWIN, and LANE, Judges.

RICH, Judge.

This appeal1 is from the decision of the Trademark Trial and Appeal Board, abstracted at 160 USPQ 827 (1968), sustaining appellee's opposition to appellant's application, serial No. 258,646, filed November 15, 1966, to register SKINVISIBLE on the Principal Register as a trademark for adhesive tape for medical and surgical uses, alleging first use on November 2, 1966.

The opposition is based on the contention that appellant...

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