`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`CERTIFICATION UNDER 37 CFR § L8
`
`I hereby certify that the documents referred to as enclosed herein are being
`deposited with the
`nited States Postal Service as first class mail on this
`date September _\_ 2003 as in an envelope addressed to “BOX TTAB,,
`Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington,
`VA 22202-3513
`
`Pamela Gomez
`
`(NEofperson
`
`Signature
`
`gpaper)
`
`Opposition No. 118,919
`
`\-/%%/%\2%é\/\/\J
`
`Sterling Software, Inc.
`
`Opposer
`
`vs.
`
`Atwood Daniel Cool
`
`Applicant
`
`
`Box TTAB
`
`NO FEE
`
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`MOTION FOR SUSPENSION OF PROCEEDINGS/
`EXTENSION OF TIME TO FILE ANSWER TO NOTICE OF OPPOSITION
`
`Applicant, by its attorney, hereby moves, pursuant to Trademark Rule 2.117(c),
`for suspension of all proceedings for six months, subject to theright of either party to request
`resumption of proceedings at any time prior thereto. As Applicant’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\1483108
`105660-900005
`
`1
`
`
`
`
`
`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-
`1 895.
`
`Dated: September
`
`i Y, 2003
`
`Respectfully submitted,
`
`
`
`Attorneys for Applicant
`
`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, Dall
`TX 75201-2980 this i3_ day of
`
`
`
` Pamela Gomez
`
`Gray Cary\SD\1483l08
`105660-900005
`
`2