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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