Interference No. 105,1.25
Chaffee v. Skulnick
A. Introduction
This interference between a design patent application and a design patent was declared on
July3l,2003. On even date therewith, the administrative patent judge entered an order under
37 CFR § 1.617(a) requiring junior party Chaffee to show cause why judgment should not be
entered against junior party Chaffee on the ground that Chaffee's submission under 37 CFR
§ 1.608(b) did not demonstrate a prima facie case that the junior party is entitled to priority.
Junior party Chaffee filed a response (Paper No. 13) to the show cause order, and senior party
Skulnick filed a statement under 37 CFR § 1.617(d) (Paper No. 26). An oral hearing was held
on September 17, 2003.
B. Findings of fact
The Claims and the Disclosure
I Junior party Thomas A. Chaffee is involved in this interference on the basis of its
design patent application 29/155,070, filed January 31, 2002, titled "BOAT FENDER."
2. Senior party Steve Skulnick is involved in this interference on the basis of its design
Patent No. D 452,466, based on application 29/137,628, filed February 27, 2001, titled "BOAT
FENDER." The patent was issued on December 25, 2001.
3. Junior party's design patent application contains a single claim which reads
I claim the ornamental design for BOAT FENDER, as shown and described."
4. Senior party's design patent contains a single claim which reads "The ornamental
design for a boat fender, as shown and described."
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