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GOLOMB v. WADSWORTH

Appeal No. 78-582.

592 F.2d 1184 (1979)

Solomon W. GOLOMB, Appellant, v. William Kent WADSWORTH, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 19, 1979.

Attorney(s) appearing for the Case

Robert D. Hornbaker, Lindenberg, Freilich, Hornbaker, Wasserman, Rosen & Fernandez, Los Angeles, Cal., attorneys of record, for appellant.

George H. Mortimer, New York City, attorney of record, for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) dismissing appellant's opposition to the registration of PENTOMINO CHALLENGE for game equipment1 and granting appellee's counterclaim for cancellation of PENTOMINOES for game equipment.2 We affirm.

The involved goods are essentially identical. A pentomino is a "polyomino,"...

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