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LePAGE BAKERY v. ROUSH BAKERY PRODUCTS CO.

No. 88-1095.

863 F.2d 43 (1988)

F.R. LePAGE BAKERY, INC., Appellant, v. ROUSH BAKERY PRODUCTS CO., INC., Appellee.

United States Court of Appeals, Federal Circuit.

December 13, 1988.

Attorney(s) appearing for the Case

Gerald J. Flintoft, of Pennie & Edmonds, New York City, argued for appellant. With him on the brief were Philip T. Shannon, Brian D. Coggio, Thomas A. Canova and Joseph Diamante.

G. Franklin Rothwell, of Bernard, Rothwell & Brown, P.C., Washington, D.C., for appellee. Of counsel was Raymond A. Kurz.

Before FRIEDMAN, RICH and NEWMAN, Circuit Judges.

ORDER

RICH, Circuit Judge.

This cancellation proceeding, on appeal from the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board), was originally decided July 7, 1988, 851 F.2d 351, 7 USPQ2d 1395, our opinion explaining why, on the facts then before us, the decision of the board granting the petition of Roush Bakery Products Co., Inc., to cancel F.R. LePage Bakery, Inc.'s, registration...

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