Summary of Final Decisions Issued by the Trademark Trial and Appeal Board August 14-18, 2000 Date Type of Proceeding Issued Case (1) or App'n No. Party/Parties 8-14 EX 75/324,415 Nomadix, LLC 8-15 EX 75/399,617 Who? Vision Systems, Inc. 8-15 EX 75/237,021 Franklin Resources, Inc. Opposer's/ Applicant's/ Petitioner's Respondent's TTAB Mark and Mark and Issue Decision Goods/Services Goods/Services 2(d) Refusal "NOMADIX" Affirmed (and design) [computer hardware, recording media for computers, namely, partially prerecorded disks and diskettes for use in tranferring data, and software for use in transferring data between computers and computing devices and between computers and recording media] whether Refusal "TACILESENSE" applicant Affimred [fingerprint may amend the imaging systems, drawing of namely, fingerprint its mark image generator, [material image sensor, and alteration] image processor] (applicant sought to amend drawing to show mark as "TACTILESENSE") 2(d) Refusal "MUTUAL Reversed DISCOVERY" (as to all [investment three cited management registrations) services and mutual fund advisory, distribution and administration services] Mark and Citable as Goods Cited by Precedent Examining Atty. of TTAB "NOMADICS" No (and design) [PC cards and communication software for use therewith] Yes "DISCOVERY" No [underwriting life insurance and providing and administering annuity plans]; "DISCOVERY PREFERRED" and "DISCOVERY SELECT" [both marks for providing and administering annuities] (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