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`l}NITED STATESl7~)PARTMENT,,QF COMMERCE
`United States Pcl-Lmt and Trademark Office
`Address: COMMISSIONER OF PATENTSANDTRADEMARKS
`Washington, D.C. 20231
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`;
`1·
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`BREMER
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`SCOTT A HORSTEMEYER
`THOMAS KAYDEN HORSTEMEVER & RI SLEY
`100 GALLERIA PARKWAY NW
`SUITE 1.500
`ATLANTA GA 30339-5948
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`06 :i. 60;~,- 1770
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`EXAMINER
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`PAPER NUMBER
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`DATE MAILED:
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`ot: . ./2::::/ o :t
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`Please find below and/or attached an Office communication concerning this application or
`proceeding.
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`Commissioner of Patents and Trademarks
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`Exhibit 1315 01/06
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`
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`---.. ------------{n";::--,. ------.-:"A:-p-p-:-:li:-c-,a~:-:-io-n-:-:N-o-. ---l.''"·'~,;---.--::A:-p-p-;-:li-ca-n--=t-:-(s--=-)--------,
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`Office Action Summary
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`09/205,205
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`Examiner
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`BREMER,. GORDON
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`Art Unit
`
`Phuong Phu
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`2631
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;2. MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136 (a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`-
`If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`-
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing dale of this communication.
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`- Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment See 37 CFR 1.704(b).
`Status
`1)1Z]
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`Responsive to communication(s) filed on 15 March 1999.
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`2a)0
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`This action is FINAL.
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`2b)IZ) This action is non-final.
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`3)0
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`Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)!Zl Claim(s) 1-28 is/are pending in the application.
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`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)1Z] Claim(s) 1-21 is/are allowed.
`6)1Z] Claim(s) 23-28 is/are rejected.
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`7)1Z] Claim(s) 22 is/are objected to.
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`8)0 Claims __ are subject to restriction and/or election requirement.
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`Application Papers
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`9)0 The specification is objected to by the Examiner.
`1 O)IZ] The drawing(s) filed on 04 December 1998 is/are objected to by the Examiner.
`11)0 The proposed drawing correction filed on __ is: a)O approved b)O disapproved.
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`12)0 The oath or declaration is objected to by the Examiner.
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`Priority under 35 U.S.C. § 119
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`13)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)O All b)O Some * c)O None of:
`1.0 Certified copies of the priority documents have been received.
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`2.0 Certified copies of the priority documents have been received in Application No. __ .
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`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
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`14)1Z] Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(e).
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`\ttachment( s)
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`5) ~ Notice of References Cited (PT0-892)
`6) ~ Notice of Draftsperson's Patent Drawing Review (PT0-948)
`:7) 0 Information Disclosure Statement(s) (PT0-1449) Paper No(s) __ .
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`18) 0 Interview Summary (PT0-413) Paper No(s). __ .
`19) 0 Notice of Informal Patent Application (PT0-152)
`20) 0 Other:
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`Exhibit 1315 02/06
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`·.~t:~·~~.
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`( ::.
`Application/Control Number: 09/205,205
`Art Unit: 2631
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`Page2
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`DETAILED ACTION
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`Drawings
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`1.
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`Figure 2 should be designated by a legend such as --Prior Art-- because only that which is
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`old is illustrated. See MPEP § 608.02(g).
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`Claim Objections
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`2.
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`Claim 22 is objected to because of the following informalities: "a second tributary
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`transceivers" on line 3 should be changed to another name, for a suggestion, "a first tributary
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`transceiver", in order to be distinguishable from "a second tributary transceiver'' on lines 1 and 2.
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`Appropriate correction is required.
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`Claim Rejections- 35 USC§ 102
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`3.
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`The following is a quotation ofthe appropriate paragraphs of35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless -
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`(e) the invention was described in a patent granted on an application tor patent by another filed in the United
`States before the invention thereof by the applicant for patent, or on an international application by another who
`has fulfilled the requirements of paragraphs (I), (2), and ( 4) of section 371 (c) of this title before the invention
`thereof by the applicant for patent.
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`4.
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`Claims 23-28 are rejected under 35 U.S.C. 102(e) as being anticipated by Polley et al
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`(5,999,563).
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`As per claim 23, see figures 2a and Sa, and col. 9, line 16 to col. 10, line 52. Polley et al
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`discloses a system as claimed wherein the system comprises: a first transceiver (210) (see figure
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`2a) capable of transmitting and receiving a plurality of modulation methods (see col. 10, lines
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`40-51); and a second transceiver (220) (see figure 2a) capable oftransmitting and receiving said
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`plurality of modulation methods.
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`Exhibit 1315 03/06
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`
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`(\':!:~
`Application/Control Number: 09/205,205
`Art Unit: 2631
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`Page3
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`As per claim 24, Polley et al further discloses that said plurality of modulation methods is
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`selected from a group consisting (QAM, CAP, DMT, FSK and PAM) (see col. 10, lines 40-51).
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`As per claim 25, see figures 2a and 5a, and col. 9, line 16 to col. 10, line 52. Polley et al
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`discloses a master system (220) (see figure 2a), as claimed, wherein the system comprises a
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`logic (530, 150) (see figure 5a) configured to enable the system to communicate over the multi-
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`point communication systeni using a plurality of modulation methods (see col. 10, lines 40-51).
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`As per claim 27, see figures 2a and 5a, and col. 9, line 16 to col. 10, line 52. Polley et al
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`discloses a remote system (210) (see figure 2a), as claimed, wherein the system comprises a
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`logic (530, 150) (see figure 5a) configured to enable the system to communicate over the multi-
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`point communication system using a plurality of modulation methods (see col. 10, lines 40-51) .
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`. Claims 26 and 28 are rejected with the same reason set forth for claim 24.
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`Allowable Subject Matter
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`Claims 1-21 are allowed over prior art of record.
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`Claim 22 would be allowable if rewritten to overcome the objection, set forth in this
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`5.
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`6.
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`Office action.
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`Conclusion
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`7.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. References Polley et al (5,999,563), Pasternak et al (5,936,949), Beach (6,067,297)
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`and Cheng (5,563,883) are cited because they are pertinent to transceivers for use in a multipoint
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`communication system. However, none of prior art of record teaches or suggests a method or a
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`system with limitations as recited in independent claims 1, 8, 11, 14, 17,20 and 21.
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`Exhibit 1315 04/06
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`Application/Control Number: 09/205,205
`Art Unit: 2631
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`Page4
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`8.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Phuong Phu whose telephone number is 703-308-0158. The
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`examiner can normally be reached on M-F (8:30-6:00) First Monday Off.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Chi Pham can be reached on 703-305-4378. The fax phone numbers for the
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`organization where this application or proceeding is assigned are 703-872-9314 for regular
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`communications and 703-872-9314 for After Final communications.
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the receptionist whose telephone number is 703-305-4700.
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`PhuongPhu
`June 27, 2001
`
`Phuong Phu
`Examiner
`Art Unit 2631
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`Exhibit 1315 05/06
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`
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`,_ ,·- ·
`FORM!j?J0·892
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`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
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`NOTICE OF REFERENCES CITED
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`PAGE 1 OF 1
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`SERIAL NO.
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`09/205,205
`APPLICANT(S)
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`GROUP ART
`UNIT
`2631
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`ATIACHMENT
`TO PAPERNO.
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`4
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`BREMER, GORDON
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`*
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`DOCUMENT NO.
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`DATE
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`NAME
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`CLASS
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`SUB-
`CLASS
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`FILING
`DATE
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`U.S. PATENT DOCUMENTS
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`A
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`B
`c
`D
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`E
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`F
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`G
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`H
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`I
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`J
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`K
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`L
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`M
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`N
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`0
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`Q
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`R
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`s
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`T
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`u
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`*
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`i
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`'
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`5,999,563
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`5,936,949
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`6,067,297
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`5,563,883
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`12/1999
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`08/1999
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`05/2000
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`10/1996
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`Polley et al
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`Pasternak et al
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`Beach
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`Cheng
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`DOCUMENT NO.
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`DATE
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`COUNTRY
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`NAME
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`CLASS
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`FOREIGN PATENT DOCUMENTS
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`SUB-
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`OTHER REFERENCES (Including Author, Title, Date, Pertinent Pages, Etc.)
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`EXAMINER
`DATE
`Phuong Phu
`June 19, 2001
`* fl l"'r\ II r.f h ic- roforOnr"O ic nn+ hoinn f1 u·nit:-horl uti+h +hie nffir-o "=',-.tif"\n
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`Form892ccs2106b
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`Exhibit 1315 06/06
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`