National Motor Bearing Co., Inc. v. James-Pond-Clark, Assignor to Loyola University Foundation

MARTIN, Judge.

This case was originally argued on March 6,1958, and an opinion was thereafter rendered by the court on May 2, 1958. A petition for rehearing was subsequently filed by the opposer-appellant and the case was reargued on November 10, 1958. Pursuant to such argument and the additional memoranda filed by the parties, the opinion of May 2, 1958 is hereby withdrawn, and the following opinion is substituted therefor:

The appeal was taken in an opposition proceeding from the decision of the Commissioner of Patents, acting through the Assistant Commissioner, 110 USPQ 554, reversing the…