United States Patent and Trademark Office OG Notices: 28 August 2007

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

7-23            EX              78558331                Masimo
                                                        Corporation

7-24            EX              78565368                Visia Inc.

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

2(e)(1)         Refusal                                 "PULSE CO-OXIMETER"
                Affirmed                                [medical devices,
                                                        namely, patient
                                                        monitors and
                                                        patient sensors
                                                        for monitoring and
                                                        measuring blood
                                                        properties such
                                                        as pulse, blood
                                                        pressure,
                                                        hemoglobin content,
                                                        concentrations of
                                                        dissolved
                                                        substances and
                                                        blood gases]

2(d)            Refusal                                 "VISIA"
                Affirmed                                (in stylized
                as to both                              lettering)
                cited                                   [information
                registrations                           technology
                                                        services, namely,
                                                        designing and
                                                        implementing web
                                                        sites for others;
                                                        hosting the web
                                                        sites of others
                                                        on a computer
                                                        server for a
                                                        global network;
                                                        designing
                                                        graphical user
                                                        interface software
                                                        for others;
                                                        designing software
                                                        for application
                                                        database
                                                        integration for
                                                        use with
                                                        Internet and
                                                        intranet access;
                                                        providing
                                                        temporary use of
                                                        on-line
                                                        non-downloadable
                                                        software for
                                                        application and
                                                        database
                                                        integration]

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

                                                No

2 cited                                         No
registrations,
both owned by the
same entity:
"NVISIA"
[custom application
software
development of
object-oriented
corporate
computing solutions
for others;
object-oriented
computer systems
integration
services for
others];
"NVISIA"
(in stylized
lettering and
with design)
[custom
application
software
development of
object-oriented
corporate
computing
solutions for
others; object
oriented
architecture
computer
systems integration
services for
others]

(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