United States Patent and Trademark Office OG Notices: 08 April 2003

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

3-6             EX              76/000,873              Epigenomics
                                                        GmbH


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

2(e)(1)         Refusal                                 "DIGITAL
                Reversed                                PHENOTYPE"
                                                        [diagnostic
                                                        reagents
                                                        for scientific
                                                        purposes,
                                                        including forensic
                                                        examination; diag-
                                                        nostic test kits
                                                        for scientific
                                                        purposes,
                                                        including
                                                        reagents, etc.;
                                                        diagnostic
                                                        reagents for
                                                        medical purposes;
                                                        medical diagnostic
                                                        test kits for
                                                        determining the
                                                        presence of
                                                        pathogens in the
                                                        environment;
                                                        laboratory equip-
                                                        ment, namely,
                                                        apparatus for
                                                        testing a sample,
                                                        for demonstrating
                                                        the presence of
                                                        analytical
                                                        elements in the
                                                        sample and to
                                                        determine types of
                                                        samples in
                                                        connection with
                                                        distribution
                                                        patterns, and
                                                        apparatus for the
                                                        production of a
                                                        series of
                                                        molecular
                                                        biological data
                                                        and parts thereof;
                                                        providing
                                                        multiple-user
                                                        access to the
                                                        Internet;
                                                        research and
                                                        development
                                                        services for third
                                                        parties in the
                                                        field of
                                                        diagnostic
                                                        chemicals,
                                                        forensic methods,
                                                        etc.; and other
                                                        services]


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

                                                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