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`1 2-1 2-2001
`u.s. Paunt A TMO1c/TM Mail ncpt Dt- #76
`
`?
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`1‘
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Sterling Software’ Inc.
`
`Opposer
`
`VS -
`
`Atwood Daniel Cool
`
`Applicant
`
`Box TTAB
`
`NO FEE
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`)
`)
`)
`)
`)
`
`)
`
`s;“"““'°
`
`CERTIFICATION UNDER 37 CFR§ 1.8
`I hereby certify that the documents referred to as enclosed herein are being
`deposited with the United States Postal Service as first class mail on this
`i"§§a§Z‘.ni°E‘5°nLJ§;§,‘Z°;’rZil',Z“d§.2§§.i2?§S‘¢§‘3"éi§§.‘i1“Dn*3‘§"A,‘ll,’;$;,
`VA 22202v35l3
`P
`l
`0
`(Name
`on maili
`
`paper)
`
`S
`
`) Opposition No. 118,919
`)
`)
`
`c
`g
`
`_
`'1 -
`
`*.
`1
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`MOTION FOR SUSPENSION OF PROCEEDINGS/
`
`EXTENSION OF TIIVIE TO FILE ANSWER TO NOTICE OF OPPOSITION
`
`f
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`Applicant, by its attorney, hereby moves, pursuant to Trademark Rule 2.1 1T(c),
`for suspension of all proceedings for six months, subject to the right of either party to request
`resumption of proceedings at any time prior thereto. As App1icant’s answer has not yet been
`filed, a suspension of these proceedings will necessarily toll the time period to file an answer to
`Opposer’s Notice of Opposition, until such time as this suspension is lifted.
`'
`
`As grounds in support of this motion, Applicant asserts that the parties, through
`their attorneys, are engaged in settlement discussions that, if successful, will result in the
`termination of this proceeding. Suspension is requested in order to allow the parties to maintain
`the status quo pending the outcome of these settlement negotiations.
`
`Gray Cary\SD\l483lO8
`105550-900005
`
`l
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`
`
`
`
`7
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`-at
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`Counsel for Opposer, Anita Nesser has Verbally consented to this motion.
`
`Applicant is not aware of any filing fees, but if there are any, the Commissioner is
`hereby authorized to charge any additional fees which may be required, to Deposit Account No. 07-
`1895.
`
`Respectfully submitted,
`
`
`
`. Kim, Esq.
`John
`Attorneys for Applicant
`
`Dated: December
`
`,2001
`
`GRAY CARY WARE & FREIDENRICH LLP
`
`4365 Executive Drive, Suite 1100
`San Diego, California 92121-2133
`Telephone:
`(858) 638-6859
`Facsimile:
`(858) 677-1400
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing
`Motion for Suspension of
`Proceedings/Extension of Time to File Answer
`to Notice of Opposition was mailed by first-
`class mail, postage prepaid, to Anita Nesser,
`Baker Botts, L.L.P., 2001 Ross Avenue, Suite
`600, Dallas, TX 75201-2980 this 10th day of
`
`Dec7eWr, 2001.
`Em e.\o2 fin“; 2
`(type name of person mailing)
`
`Gray Cary\SD\l483108
`105660-900005
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