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B. R. BAKER CO. v. LEBOW BROS.

Patent Appeal No. 5030.

150 F.2d 580 (1945)

B. R. BAKER CO. v. LEBOW BROS.

Court of Customs and Patent Appeals.

June 25, 1945.

Attorney(s) appearing for the Case

James Atkins, of Washington, D. C., for appellant.

Mason, Porter & Diller, of Washington, D. C. (Herbert H. Porter and Charles R. Allen, both of Washington, D. C., of counsel), for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.

BLAND, Associate Judge.

This is an appeal in a Patent Office trade-mark interference proceeding between appellant (hereinafter referred to as Baker) and appellee (hereinafter referred to as Lebow). The appeal is from the decision of the Commissioner of Patents, speaking through the First Assistant Commissioner, 60 USPQ 254, reversing the decision of the Examiner of Trade-mark Interferences, who had held Baker to be the first user and owner of the involved trade-mark...

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