Opinion for the court filed by Chief Judge MARKEY.
MARKEY, Chief Judge:
The Commissioner of Patents and Trademarks (Commissioner) appeals from an order of the District Court, Dart Industries, Inc. v. Banner, 200 U.S.P.Q. 656 (D.D.C.1978), denying the Commissioner's motion for summary judgment, granting the motion for summary judgment of Dart Industries, Inc. (Dart), and entering judgment for Dart in consolidated civil actions Nos. 78-0266 and 78-0267...
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