United States Patent and Trademark Office OG Notices: 19 September 2006

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

8-17            EX              78240383                Conversive, Inc.
                EX              78240385

8-17            EX              78404542                Merrell
                EX              78404543                Pharmaceuticals
                                                        Inc.


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

2(e)(1)         Refusal                                 "ASSISTED RESPONSE
                Affirmed                                AGENT" and
                in both                                 "ASSISTED RESPONSE"
                cases                                   [both marks for
                                                        computer programs,
                                                        namely, an
                                                        interactive natural
                                                        language processing
                                                        knowledge base
                                                        used to build and
                                                        customize
                                                        interactive
                                                        conversational
                                                        mechanisms in the
                                                        form of an animated
                                                        or virtual
                                                        character which
                                                        assist, answer
                                                        questions, and
                                                        provide information
                                                        to users of web
                                                        sites, for use
                                                        in real-time
                                                        Internet relay
                                                        communications
                                                        platforms]

Section 6       Refusal                                 "CITRUCEL
disclaimer      Affirmed                                FIBERSHAKE"
requirement     in both                                 and
(of FIBER-      cases                                   "FIBERSHAKE"
SHAKE)                                                  [both marks for
[as to                                                  laxatives and
78404542];                                              fiber dietary
2(e)(1)                                                 supplements]
[as to
78404543]


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

                                                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