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FEDERATED FOODS, INC. v. FORT HOWARD PAPER CO.

Patent Appeal No. 76-624.

544 F.2d 1098 (1976)

FEDERATED FOODS, INC., d.b.a. Hy-Top Products Division, Appellant, v. FORT HOWARD PAPER COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

November 24, 1976.

Attorney(s) appearing for the Case

Richard Bushnell of Olson, Trexler, Wolters, Bushnell & Fosse, Ltd., Chicago, Ill., attorney of record, for appellant.

Chester L. Davis, Jr. of Barnes, Kisselle, Raisch & Choate, Detroit, Mich., attorney of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

RICH, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO), 189 USPQ 310 (1975), sustaining appellee's opposition to the registration of the woodmark HY-TOP for sanitary paper products, aluminum foil, plastic bags, and sponges, as described in application Serial No. 395,671, filed June 24, 1971. Familiarity with the opinion below is assumed. We affirm in part and reverse in part.

Appellant...

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