Meyer Chemical Company v. Anahist Co., Inc. (Warner-Lambert Pharmaceutical Company, Assignee, Substituted)

RICH, Judge.

In this appeal by the applicant from the Commissioner’s decision (114 U.S.P.Q. 354) in a trademark opposition appellee has moved, pursuant to Rule 13 of this court, 35 U.S.C.Appendix, to correct diminution of the record.

It appears from the affidavit of appel-lee’s attorney in support of the motion that appellant has omitted from the transcript of the Patent Office record filed in this court substantial parts of the testimony of three witnesses and two exhibits, which appellee desires to have certified to us by the Patent Office for inclusion in the record on appeal. It is made to…