Ex Parte BERGFALK - Page 2




                                  Findings of fact                                    
               The record supports, by a preponderance of the evidence, the           
          following findings, as well as any findings set out in the                  
          discussion portion of this DECISION.                                        
               1.   The interference involves a Winter design patent                  
          403,501 ("'501") and a Bergfalk design application 29/066,498               
          ("'498").                                                                   
               2.   The Winter '501 patent is based on design application             
          29/086,087, filed 6 April 1998.                                             
               3.   Winter has been accorded benefit for the purpose of               
          priority of design application 29/069,799 ("'799"), filed                   
          17 April 1997, which issued as design patent 403,500 on 5 January           
          1999 (Paper 1 at 48).                                                       
               4.   The Bergfalk '498 application was filed on 13 February            
          1997.                                                                       
               5.   Bergfalk has not been accorded benefit for the purpose            
          of priority of any earlier filed application (Paper 1 at 49).               
               6.   Because the '498 filing date of 13 February 1997 is               
          earlier than the earliest filing date accorded to Winter (i.e.,             
          17 April 1997), Bergfalk is senior party and Winter is junior               
          party.                                                                      
               7.   The subject matter of the '501 patent and the '498                
          application is a snowboard key chain.                                       
               8.   Figures 1-3 from the '501 patent reproduced below                 
          illustrate the '501 key chain:                                              









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