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INDUSTRIAL NUCLEONICS CORPORATION v. HINDE

Patent Appeal No. 8858.

475 F.2d 1197 (1973)

INDUSTRIAL NUCLEONICS CORPORATION, Appellant, v. Edward J. HINDE, d.b.a. Hinde Engineering Co., Appellee.

United States Court of Customs and Patent Appeals.

April 5, 1973.

Attorney(s) appearing for the Case

Edward M. Prince, William T. Bullinger (Cushman, Darby & Cushman, Washington, D.C.), attorneys of record, for appellant. William T. Fryer, III, Baltimore, Md., of counsel.

Jack M. Wiseman (Rosenberg & Wiseman, San Jose, Cal.), attorney of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE, Judges, and WATSON, Judge, United States Customs Court, sitting by designation.

RICH, Judge.

This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board, abstracted at 166 U.S.P. Q. 160 (1970), dismissing appellant's opposition to the registration by appellee of ACCURA-FLO, application serial No. 242,820, filed April 6, 1966, claiming first use March 9, 1966. We affirm.

The goods for which appellee seeks to register the mark are "a metering flume used for the measurement of sewage and industrial waste and allied...

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