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RALSTON PURINA CO. v. ON-COR FROZEN FOODS

Appeal Nos. 84-682, 84-728. Opposition No. 64966.

746 F.2d 801 (1984)

RALSTON PURINA COMPANY, Appellant/Cross-Appellee, v. ON-COR FROZEN FOODS, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

October 15, 1984.

Attorney(s) appearing for the Case

Alfred T. Lee, New York City, argued for appellant/cross-appellee. With him on the brief were Griffith B. Price, Jr., New York City, and Alpheus E. Forsman, St. Louis, Mo.

Myron C. Cass, Chicago, Ill., argued for appellee/cross-appellant. With him on the brief was Herbert J. Singer, Chicago, Ill.

Before MARKEY, Chief Judge, SKELTON, Senior Circuit Judge, and MILLER, Circuit Judge.

JACK R. MILLER, Circuit Judge.

These are consolidated appeals from the Patent and Trademark Office Trademark Trial and Appeal Board ("board"), opinion reported at 220 USPQ 567 (TTAB 1983). In Docket No. 84-682 Ralston Purina Company ("Ralston") contests the board's decision sustaining the opposition of On-Cor Frozen Foods, Inc. ("On-Cor"), to Ralston's application to register the mark ENCORE for cat food. The board premised its decision on its conclusion that Ralston...

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