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APPLICATION OF WEST POINT-PEPPERELL, INC.

Patent Appeal Nos. 8769, 8770.

468 F.2d 200 (1972)

Application of WEST POINT-PEPPERELL, INC.

United States Court of Customs and Patent Appeals.

November 2, 1972.

Attorney(s) appearing for the Case

Cushman, Darby & Cushman, Washington, D. C., attorneys of record, for appellant. C. Willard Hayes, James L. Dooley, William T. Bullinger, Washington, D. C., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Fred W. Sherling, Washington, D. C., of counsel.

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

RICH, Judge.

This appeal was taken from the decision of the Patent Office Trademark Trial and Appeal Board in consolidated appeals affirming the examiner's refusal of two registrations of very similar marks, applications serial No. 259,613 and serial No. 259,614, filed November 28, 1966, claiming first use October 25, 1966. The board decision is abstracted at 164 USPQ 250.

The marks sought to be registered both consist of the same elements, namely, a griffin...

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