(dissenting in part)..
I agree with the majority and the concurrent holdings of the Patent Office that appellant is not entitled to registration.. However, I am of the opinion registration should also have been refused ap-pellee. My disagreement stems from a. different evaluation of the evidence offered by appellant. I concur with the' Examiner of Interferences that appellant’s evidence establishes use of the involved mark at such times and in a sufficient number of states to preclude a. grant to appellee of any registration of that mark, concurrent or otherwise.
I would affirm the decision of the Assistant Commissioner so far as it refuses appellant registratiop, but reverse so far as it holds appellee entitled to, registration.