Seamless Rubber Co. v. Ethicon, Inc.

Appellee’s motion to dismiss this appeal raises the question as to the meaning and effect of Sec. 21 of the TradeMark Act of 1946, 15 U.S.C.A. § 1071, providing, inter alia, for appeals to this court. This is a trademark opposition instituted by appellee which was dismissed January 31, 1958, by the Examiner of Trade-Mark Interferences upon appellant’s (applicant’s) motion. From this dismissal, appellee-opposer appealed to the Commissioner of Patents on January 15, 1959. Assistant Commissioner Leeds reversed the decision of the Examiner of Interferences and ordered the case to proceed to…