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AMERICAN BIO-CHEMICAL CORPORATION v. COE

Civil Action No. 12256.

51 F.Supp. 430 (1943)

AMERICAN BIO-CHEMICAL CORPORATION v. COE, Commissioner of Patents (MILES LABORATORIES, Inc., Intervener).

District Court of the United States for the District of Columbia.

February 19, 1943.

Attorney(s) appearing for the Case

Eugene E. Stevens, of Washington, D. C., for plaintiff.

W. W. Cochran, of Washington, D. C., for defendant.

Thomas L. Mead, Jr., of Washington, D. C., for intervenor-defendant.

LETTS, Justice.

Findings of Fact.

1. This is an action under R.S. § 4915, 35 U.S.C.A. § 63, in which it was sought to have the Court find that plaintiff, American Bio-Chemical Corporation, is entitled to the issuance of a certificate of registration of the words "Vita-Seltzer" as a trade-mark for an "Effervescent Preparation in Tablet or Powder Form for Upset Stomach, Headaches and Similar Ailments".

2. Plaintiff's application for registration...

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