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:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007