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TROPIC-AIRE, INCORPORATED v. APPROVED PRODUCTS, INC.

Patent Appeal No. 6473.

275 F.2d 728 (1960)

TROPIC-AIRE, INCORPORATED (McGraw-Edison Company, assignee substituted) v. APPROVED PRODUCTS, INC., Doing Business as Windsor Chemical Laboratories.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 24, 1960.

Attorney(s) appearing for the Case

Olson & Trexler, Chicago, Ill. (Robert M. Wolters, Chicago, Ill., and Charles L. Sturtevant, Washington, D. C., of counsel), for appellant.

Kimmel & Crowell, Washington, D. C. (George P. Kimmel, A. Harry Crowell and David Paul Weaver, Washington, D. C., of counsel), for appellee.

Before WORLEY, Chief Judge, RICH, MARTIN and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.

RICH, Judge.

This appeal is from the decision of the Assistant Commissioner of Patents (117 USPQ 104) reversing the decision of the Examiner of Interferences which sustained appellant's opposition to appellee's application for trademark registration Serial No. 661,683, filed February 26, 1954, for "Tropic Air" for "Spray chemical room deodorizer compound for reducing air borne bacteria and eliminating offensive odors," first use in February 1952 being asserted. Appellant...

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