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SMITH BROTHERS MANUFACTURING COMPANY v. STONE MANUFACTURING COMPANY

Patent Appeal No. 8947.

476 F.2d 1004 (1973)

SMITH BROTHERS MANUFACTURING COMPANY, Appellant, v. STONE MANUFACTURING COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

April 19, 1973.

Attorney(s) appearing for the Case

George R. Douglas, Jr. (Misegades & Douglas), Washington, D.C., attorneys of record for appellant; Sherman Levy, Washington, D.C., of counsel.

B. P. Fishburne, Jr., Washington, D. C., attorney of record, for appellee.

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

RICH, Judge.

This appeal* is from the decision of the Patent Office Trademark Trial and Appeal Board, one member dissenting, 168 USPQ 190 (1970), dismissing an opposition to the registration of "MERRY CAPERS" for "blouses, shirts, shorts, slacks, overalls, playsuits, jumpers, dresses and lingerie for infants, children and ladies," application serial No. 278,534, filed August 17, 1967.

Opposer relies on prior use of "CAPER Casuals...

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