United States Patent and Trademark Office OG Notices: 01 May 2007

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

3-30            EX              79008157                Oridis Biomed
                                                        Forschungs-Und
                                                        Entwicklungs GmbH

3-30            EX              78320666                Upper Crust Ltd.

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

2(e)(1)         Refusal                                 "TISSOMICS"
                Reversed                                [in Class 35:
                in all                                  systemization and
                classes                                 compilation of data
                                                        into computer
                                                        databases, namely,
                                                        management and
                                                        compilation of
                                                        computerized
                                                        databases;
                                                        in Class 38:
                                                        rental of access
                                                        time to databases;
                                                        in Class 42:
                                                        scientific research
                                                        in the fields of
                                                        biochemistry and
                                                        medicine;
                                                        in Class 44:
                                                        medical services]

2(d)            Refusal                                 "UPPER CRUST"
                Affirmed                                (in stylized
                as to both                              format)
                cited                                   [fully baked,
                registrations                           par-baked,
                                                        proof-and-bake
                                                        and frozen
                                                        bakery products,
                                                        namely, various
                                                        breads and
                                                        pastries,
                                                        including: danish
                                                        pastry, coffee
                                                        cake, cinnamon
                                                        rolls, croissants,
                                                        etc., all for
                                                        wholesale
                                                        distribution]


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

                                                No

2 cited                                         No
registrations,
both owned by the
same entity:
"UPPER CRUST
BISCOTTI"
(and design)
[Italian
dipping cookies'];
"UPPER CRUST
BISCOTTI
ITTI-BITTIES"
[chocolate-covered
pieces of Italian
dipping cookes]

(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