Summary of Final Decisions Issued by the Trademark Trial and Appeal Board March 30 - April 3, 1998 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 1-4 EX 75/120,143 Ed Tucker Distributor, Inc. 1-5 EX 74/711,715 De Ster Corp. EX 74/711,899 EX 74/721,195 1-5 EX 75/168,250 Heartstent Corp. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "BIKE IN A BOX" Affirmed [rolling chassis for a custom motorcycle sold in a kit of pre- packaged parts] whether Refusal configurations of applicant's Affirmed three storage three (in all three containers product con- applications) [plastic figurations containers for have acquired food storage] distinctive- ness as trademarks [Sec. 2(f)] 2(e)(1) Refusal "HEARTSTENT" Reversed [medical implants used to perform coronary bypass surgery, namely, rigid conduits for surgical implanta- tion for creating a fluid passageway between heart ventricle and coronary artery downstream from a coronary obstruc- tion] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "BRAKE-IN-A-BOX" No [brake structural and replacement parts] No No (1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION