Unpublished Dispositionheritage Store, Inc., D/b/a Heritage Store, Appellant, v. Home Health Products, Inc., Appellee, 824 F.2d 980 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 824 F.2d 980 (Fed. Cir. 1987) June 25, 1987

Before DAVIS, NIES and BISSELL, Circuit Judges.

NIES, Circuit Judge.


DECISION

Heritage Store, Inc. appeals from the decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board granting Home Health Products, Inc.'s cross-motion for summary judgment on its petition to cancel Heritage Store's Registration No. 1,258,236, issued November 22, 1983, for the term PALMA CHRISTI for castor oil. We affirm.

OPINION

Appellant argues that the board erred in "failing to liberally construe [its] pleadings" and "to consider the factual evidence presented with [its] Brief." Neither suggestion of error has merit. See Fed. R. Civ. P. 56(e). No genuine issue as to any material fact was raised as the board correctly held. Accordingly, we affirm on the basis of the board's opinion.