Ex Parte BERGFALK - Page 8




               (f) a photocopy of what appears to be a check dated 11/4/96            
          from "TAAK IV, INC. DBA Rarities & Remedies" payable to the order           
          of Kent Bergfalk.                                                           
               22. On 8 December 2000, Winter filed a paper entitled                  
          "WINTER ISSUES TO BE CONSIDERED AT FINAL HEARING 37 CFR 1640(b)"            
          (Paper 32).                                                                 
               23. Attached to the paper is what Winter says is "an old               
          invoice that proves that I have been selling snowboard key chains           
          manufactured in the orient from November 20, 19991 [sic]".                  
          Winter states that "[t]his invoice and letter from Beach Break              
          Café in Oceanside, CA. proves that Kent Bergfalk did not invent             
          the snowboard key chain!"                                                   
               24. A photocopy of a letter having a "Beach Break Cafe"                
          letter head addressed to Robert Winter dated 6 December 2000 and            
          signed by Zellarah A. Dwelley is attached to the paper (Paper               
          32).  The letter states:                                                    
               I bought snowboard key chains from you at Creative Arts                
               on November 20, 1991.  Along with the snowboards, I                    
               also bought assorted key chains with by [sic] logo                     
               printed on them at that time for $1.00 each.                           
               I have enclosed the invoice #1453 dated 11-20-91.                      
               Thank you for the great service!                                       
               25. Two papers labelled "DUPLICATE" and "TRIPLICATE" that              
          appear to be two copies of an invoice are also attached to the              
          paper (Paper 32).  The invoices are dated 11/20/91 and appear to            
          be from "Creative Arts/Mini Fins" to "Beach Break Cafe".  One of            
          the items listed on the invoice is "10 Snowboards" at a unit                
          price of $1.00.  The salesperson is identified as "RW".                     


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