26. Also attached to the paper (Paper 32) is a list of what
appears to be 10 company names and their telephone numbers. The
notations "-HOPEFULLY THIS HELPS! I CAN ALMOST GUARANTEE YOU
THEIRS [sic] MORE THAN THIS" and "These manufacturers all make
snowboard keychains! Some for 10 years! I think!" are printed
on the list.
27. Also attached to the paper (Paper 32) is what appears
to be some type of product information sheet for a product
identified as a "SNOWKEY". A "catalog date" of 2000 is on the
sheet.
28. Winter did not file a principal brief on the issue of
priority or derivation by 12 January 2001, the time set in the
Order of 23 June 2000 (Paper 22).
29. On 5 April 2001, an order was issued extending the
times for filing briefs such that the junior party principal
brief on the issue of priority or derivation was due on or before
14 April 2001 (Paper 34).
30. On 13 April 2001, Winter filed a paper entitled
"JUNNIOR [sic] PARTY PRINCIPAL BRIEF ON THE ISSUE OF PRIORITY
AND/OR DERIVATION" (Paper 35).
31. The entire argument portion of Winter's brief is
reproduced below:
I will attempt to make a statement of the issues
presented for decision in the alleged interference.
I Robert Winter have been selling SNOWBOARD KEY CHAINS
since the YEAR 1991.
I have presented the patent office and Mr. Bergfalk
proof of this from a letter and an invoice from BEACH
BREAK CAFÉ in OCEANSIDE, CA. TEL. (706)439-6355 DATED
9
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