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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`David N. Bonnell et al.
`08/8 12,860
`March 6, 1997
`2317
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`Serial No. :
`Filing Date:
`Group Art Unit:
`Examiner:
`A Continuation of Application Serial No. 08/3 16,034 filed on September 30, 1994
`Title: System for Managing Computer Resources Across a Distributed Computing
`Environment by First Reading Discovery Information About How to
`Determine System Resource Presence
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`I
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`Commissioner of Patents
`and Trademarks
`Washington DC 2023 1
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`Dear Sir:
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`I hereby c d Q thrt lhh mrrapondsnco ir being deposited with the
`United S t a b P o d &der u
`in m envelope addressed
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`OIU d
`C d n i a r s r otprtsntr md Tradrmarks
`to:
`Waahin%an, D.C. 2023 1
`,.... ...... ...........
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`on ...
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`I . . . . . . . . . I . . . . . . .
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`I, Kirill L. Tatarinov, hereby declare:
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`I am one of the named inventors for the above-referenced patent applioation2U.S.;;
`1,
`0 )
`Patent Application Serial No, 08/812,860, which is a continuation applicatio&f rf;&
`Patent Application Serial No, 08/316,034 filed on September 30, 1994.
`I have reviewed and understand the spec$ications of the above-referenced patent
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`applications.
`I am currently employed by BMC SoAware, Inc. (hereafter "BMC") in Houston,
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`Texas, as its Vice President of Research and Development. I have been employed by BMC
`since January, 1994.
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`Prior to being employed by BMC, I was employed by Patrol Software, Pty. Ltd.,
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`an Australian company (hereafter “Patrol Software”), as its Director of Research and
`Development.
`On information and belief, in Jaunary 1994, BMC acquired ownership of Patrol
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`Software, including all rights to the above-referenced patent applications.
`The invention disclosed in the above-referenced patent applications was first
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`embodied in Version 2.0 of BMC’s “DDSRATROL” software product (hereafter
`“PATROL V2.0”).
`The first fbnctional software for the PATROL V2.0 soffware product was not
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`completed until late October, 1993 or early November 1993. In January, 1994, the “beta”
`version of PATROL V2.0 software product was experimentally tested with select
`customers. The purpose of the “beta” software testing program was to test the PATROL
`V2.0 software product to determine if it would work for its intended purpose. In June
`1994, after six months of testing and fbrther software modifications, the PATROL V2.0
`software product was released for commercial production and sales.
`In May, 1993, Patrol Software began confidential negotiations with Digital
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`Equipment Corporation (hereafter “DEC”) concerning a joint-development agreement
`under which Patrol Software would “port,” or adapt, the PATROL V2.0 software product
`(then still under development) to operate with DEC’s proprietary software and hardware.
`Additionally, DEC would develop and modi@ its own software to enable operation with
`the PATROL V2.0 software product, These negotiations were conducted under a non-
`disclosure agreement, such that DEC was required to keep to the subject matter of the
`negotiations a secret.
`The negotiations between Pgtrol Software and DEC resulted in the October 20,
`9.
`1993 “Development and Distribution Agreement” (hereafter the “DEC Agreement”),
`attached hereto as Exhibit A.
`10. Under the DEC Agreement, Patrol Software agreed to “port,” or adapt, “Versioq
`1.4” of the PATROL sofiware product to operate with DEC’s proprietary software. See
`DEC Agreement at 0 2.1.2. (Version 1.4 of the PATROL software product was later
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`renamed to Version 2.0). DEC agreed to develop and m o d e its own software to operate
`with the “ported” PATROL software product. See DEC Agreement at 0 2.2.
`On October 1, 1993, a preliminary version of the PATROL V2.0 sohare product
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`was demonstrated, but not offered for sale at a trade show in Florida. This
`“demonstration” s o b a r e was not a hnctional embodiment of the invention disclosed in
`the above-referenced patent application, but merely demonstrated the concept of the
`invention. The first fhctional software for the PATROL V2.0 sofiware product
`embodying the invention was not completed until after October 1, 1993.
`I hereby declare that all statements made herein of my own knowledge are true,
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`and that all statements made on information and belief are believed to be true. I make this
`declaration with the knowledge that willhl false statements and the like are punishable by
`fine and imprisonment, or both, under 18 U.S.C. 0 1001, and may jeopardize the validity
`of the above-referenced patent applications or any Datc
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`W T a t a r h o v
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