Ex Parte BERGFALK - Page 5




          conceived the idea for a key chain on 8 March 1996 and made a               
          drawing of the key chain on 10 March 1996.                                  
               17. Winter did not file a preliminary statement within the             
          time set by the Administrative Patent Judge's Order of 23 June              
          2000 (Paper 22).                                                            
               18. An ORDER was issued on 24 July 2000 extending the time             
          for filing preliminary statements to 7 August 2000 (Paper 26).              
               19. On 7 August 2000, Winter filed a preliminary statement.            
          In the preliminary statement Winter states that he "commenced               
          design and construction of a snowboard keychain" and bought a               
          full size snowboard from Sports Chalet for guidance in the                  
          general appearance of snowboards on 5 October 1996.  According to           
          Winter, a model of the key chain was completed on or about                  
          1 November 1996 and "the first technical drawings were then made            
          from the wooden snowboard keychain."  Winter states that he                 
          disclosed his design to Tony Hiebel on 1 November 1996 and that             
          he hired Mr. Hiebel to assist in the construction of the key                
          chain model.                                                                
               20. On 7 August 2000, Winter filed a submission entitled               
          "WINTER, JUNIOR PARTY, CASE IN CHIEF" (Paper 28).  The submission           
          consists of the following:                                                  
               (a) a photocopy of what appears to be two checks dated                 
          10/5/96 and 10/7/96 said to be checks written to pay for the                
          snowboard and to pay Mr. Hiebel for work on the snowboard key               
          chain;                                                                      


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