10. According to the examiner's statement under 37 CFR
§ 1.609(b) (attachment to Paper 1):
Any variation in appearance between the designs
[of the '501 key chain and the '498 key chain] is de
minimus. Specifically, the key ring in Patent Number
D403,501 is considered functional and therefore not
subject to design patent considerations. Additionally,
the slight undulation in the body of D403,501 does not
provide a patentably distinct overall appearance from
the pending application Serial Number 29/066,498.
11. The count in the interference is as follows (Paper 1
at 50):
A design according to claim 1 of Bergfalk (29/066,498)
or
A design according to claim 1 of Winter (Des. 403,501).
12. All the figures of each party, i.e., figures 1-6 of
Winter and figures 1-3 of Bergfalk, correspond to the count
(Paper 1 at 50).
13. Both parties are acting pro se, i.e., are representing
themselves without the aid of counsel.
14. Robert R. Winter is said to be the sole inventor of the
subject matter of the '501 patent and Kent Bergfalk is said to be
the sole inventor of the subject matter of the '498 application.
15. Each party indicated that it planned to file no
preliminary motions in a conference call held on 21 June 2001
(See paper 22). Neither party has filed any preliminary motion.
16. On 21 July 2000, Bergfalk filed a preliminary statement
(Paper 25). In the preliminary statement Bergfalk states that he
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