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THURON INDUSTRIES, INC. v. CONARD-PYLE CO.

Appeal Nos. 78-521, 78-522.

579 F.2d 633 (1978)

THURON INDUSTRIES, INC., Appellant, v. The CONARD-PYLE COMPANY, Appellee (two cases).

United States Court of Customs and Patent Appeals.

June 30, 1978.

Attorney(s) appearing for the Case

James L. Kurtz, Washington, D. C., attorney of record, for appellant.

Robert S. Swecker, Brian J. Leitten, Burns, Doane, Swecker & Mathis, Alexandria, Va., attorneys of record, for appellee.

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

MILLER, Judge.

This is an appeal from the decision of the Patent and Trademark Office ("PTO") Trademark Trial and Appeal Board ("board") dismissing appellant's petitions1 to cancel two trademark registrations of appellee. The board dismissed the petitions to cancel, which were based upon allegations of fraud in obtaining the registrations, on the ground that the subject matter of the petitions should have been asserted in a compulsory...

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