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PENETRENE CORPORATION v. PLOUGH, INC.

Patent Appeals Nos. 4492, 4493.

121 F.2d 539 (1941)

PENETRENE CORPORATION v. PLOUGH, Inc.

Court of Customs and Patent Appeals.

July 2, 1941.

Attorney(s) appearing for the Case

H. F. McNenny, of Cleveland, Ohio (Richey & Watts, of Cleveland, Ohio, and James A. Hoffman, of Washington, D. C., of counsel), for appellant.

A. Yates Dowell, of Washington, D. C., (R. F. Whitehead, of Washington, D. C., of counsel), for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

GARRETT, Presiding Judge.

These are appeals taken from the decisions of the Commissioner of Patents affirming decisions of the Examiner of Interferences in two trade-mark cancellation proceedings (in the nature of cross-suits), numbered, respectively, 3086 and 3300.

In his decision in No. 3300, involved in appeal No. 4493, as taken to this court, the commissioner stated the cases as follows:

"In this cancellation proceeding, No. 3300, Plough Inc.,...

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