Sterling Drug, Inc. v. M-A Pharmaceutical Corporation, Assignee of Charles A. Susslin

343 F.2d 1016

STERLING DRUG, INC., Appellant,

v.

M-A PHARMACEUTICAL CORPORATION, Assignee of Charles A. Susslin, Appellee.

Patent Appeal No. 7306.

United States Court of Customs and Patent Appeals.

April 22, 1965.

Ernest F. Wenderoth, Washington, D. C. (William F. Weigel, New York City, of counsel), for appellant.

William R. Liberman, New York City, for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges.

SMITH, Judge.

1

An application, serial No. 118,013, was filed April 17, 1961 by appellee to register "M-A" for a medicinal preparation in tablet form for relief of distress…