Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Partie

1-31            EX              75/508,058              Cross Country Paper
                (R)                                     Products, Inc.

1-31            EX              75/375,061              Modern Italian
                                                        Bakery of West
                                                        Babylon, Inc.

1-31            OPP             103,825                 G-Mar Development
                OPP             105,490                 Corp. v. Tully's
                                                        Coffee Corp.

1-31            EX              75/151,569              Cerner Corp.

                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Request for                             "EXCEL"
                Reconsideration                         [plastic gloves to
                Denied                                  be used once by and
                [Refusal                                thereafter disposed
                Affirmed                                of by dentists]
                (as to both
                cited
                registrations)]

2(d)            Refusal                                 "MODERN"
                Affirmed                                (and design)
                                                        [bread, rolls and
                                                        bagels]

2(d)            Opposition      "TULLY'S"               "TULLY'S"
                Sustained       [restaurant services]   [retail coffee
                (in both cases)                         store services;
                                                        cafe' services];
                                                        "TULLY'S"
                                                        [coffee]

2(e)(1);        Refusal                                 "HEALTH FACTS"
2(d)            Reversed                                [computer software
                                                        for use by
                                                        healthcare
                                                        institutions and
                                                        health care
                                                        professionals in
                                                        combining clinical
                                                        data with claims
                                                        based billing data
                                                        and data from
                                                        public sources]

Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

"EXCEL"                                         No
[surgical instruments, namely, forceps,
graspers, scissors, dissectors, clamps,
needles, needle holders, probes, suction
and irrigation instruments, trocars,
cannulae, and cutting instruments];
"EXCEL DR"
[surgical instruments, namely, needles
and needle holders]

"LA MODERNA"                                    No
[macaroni, pasta, spaghetti,
cookies and crackers]

                                                No

                                                No

(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN