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TORO MANUFACTURING CORPORATION v. GLEASON WORKS

Patent Appeal No. 8918.

474 F.2d 1401 (1973)

TORO MANUFACTURING CORPORATION, Appellant, v. The GLEASON WORKS, Appellee.

United States Court of Customs and Patent Appeals.

March 29, 1973.

Attorney(s) appearing for the Case

Thomas A. Lennon, Minneapolis, Minn., attorney of record, for appellant.

William K. West, Jr., William T. Bullinger (Cushman, Darby & Cushman), Washington, D. C., for appellee; Morton A. Polster, Rochester, N. Y., of counsel.

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

ALMOND, Senior Judge.

This is an appeal from the decision of the Trademark Trial and Appeal Board dismissing the opposition of the Toro Manufacturing Corporation to an application of The Gleason Works to register "TOROID" for gears, gear cutters and blades or blade segments for such cutters, asserting first use as July 15, 1966. 167 USPQ 315 (1970).

The record reveals that Toro Manufacturing Corporation, appellant-opposer, is the owner of a plurality of registrations...

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