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BRODERICK & BASCOM ROPE CO. v. GOODYEAR T. & R. CO.

Patent Appeal No. 76-501.

531 F.2d 1068 (1976)

BRODERICK & BASCOM ROPE COMPANY, Appellant, v. The GOODYEAR TIRE & RUBBER COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

April 8, 1976.

Attorney(s) appearing for the Case

William G. Bruns, Gravely, Lieder & Woodruff, St. Louis, Mo., atty. of record, for appellant. John F. Smith, Shoemaker & Mattare, Arlington, Va., of counsel.

William E. Schuyler, Jr., Alan S. Cooper, Schuyler, Birch, Swindler, McKie & Beckett, Washington, D.C., attys. of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges.

MARKEY, Chief Judge.

This is an appeal from the decision of the Patent and Trademark Office Trademark Trial and Appeal Board (board), 186 USPQ 301 (1975), dismissing appellant's (Broderick's) opposition No. 53,629, filed October 30, 1972, against appellee's (Goodyear's) application serial No. 400,726, filed August 20, 1971, for registration of POWERSTEEL for tires, use since June 23, 1971 being alleged. We reverse.

Broderick relies on its long and extensive...

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