United States Patent and Trademark Office OG Notices: 13 April 2004

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

3-10            EX              75753597                Rath
                (R)

3-10            EX              78120762                AbleNet, Inc.


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

2(e)(4)         Request                                 "RATH"
                for Recon-                              [nutritional sup-
                sideration                              plements; books,
                Denied                                  newspapers, and
                (Refusal                                journals in the
                Affirmed)                               fields of health-
                                                        care and
                                                        nutritional sup-
                                                        plements;
                                                        agricultural
                                                        seeds, etc.;
                                                        educational
                                                        services, namely,
                                                        conducting
                                                        classes, etc., in
                                                        the fields of
                                                        healthcare and
                                                        nutritional sup-
                                                        plements;
                                                        publication of
                                                        books, newspapers,
                                                        and journals]

2(d)            Refusal                                 "ABLENET
                Reversed                                BOOK WORM"
                                                        (and design)
                                                        [electronic
                                                        educational
                                                        device with
                                                        sound recording
                                                        and play-back
                                                        units and a
                                                        plurality of
                                                        switches for use
                                                        in combination
                                                        with a book, to
                                                        provide audible
                                                        play-back of text
                                                        read from a
                                                        designated page
                                                        or facing page of
                                                        the book]


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

                                                No

"BOOKWORM"                                      No
[electronic hand-held
Braille reading device
used for translating Braille]


(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