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CUSTOM COMPUTER SERVICES v. PAYCHEX PROPERTIES

No. 03-1148.

337 F.3d 1334 (2003)

CUSTOM COMPUTER SERVICES, INC., Appellant, v. PAYCHEX PROPERTIES, INC., Appellee.

United States Court of Appeals, Federal Circuit.

July 22, 2003.

Attorney(s) appearing for the Case

Jill M. Pietrini, Manatt, Phelps & Phillips, LLP, of Los Angeles, CA, argued for appellant. With her on the brief was Andrew Klungness.

James D. Kole, Nixon Peabody LLP, of Rochester, NY, argued for appellee.

Before LOURIE, SCHALL, and PROST, Circuit Judges.

LOURIE, Circuit Judge.

The Payroll People, Inc. appeals from the decision of the Patent and Trademark Office ("PTO") Trademark Trial and Appeal Board dismissing its notice of opposition as having been untimely filed. Custom Computer Servs., Inc. v. Paychex Props., Inc., Opp. No. 151,439 (TTAB Sept. 9, 2002).* Because the Board's findings are not supported by substantial evidence, we reverse.

BACKGROUND

Paychex...

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