`Attorney Docket No. %—"F7_
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`
`Express Mail Label No. EM 530 837 312 US
`Date of Deposit: November 12, 1996
`I hereby certify that this correspondence is being deposited
`with the United States Postal Service "Express Mail Post
`office to Addressee“ service under 37 CFR §1.10 addressed to:
`Assistant Co
`sio
`for Patents,
`wa hin to
`vember 12
`5
`9
`
`1996
`
`.
`
`
`
`By
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re application of:
`
`Dave Leahy, et al.
`
`Serial No.:
`
`NEW
`
`Filed: November 12, 1996
`
`‘ax/\/~./~./sax/x/~a\,~g
`
`For: SCALABLE VIRTUAL WORLD CHAT
`CLIENT-SERVER SYSTEM
`
`Examiner: TBA
`
`Art Unit TBA
`
`DECLARATION OF PHILIP H.
`ALBERT IN SUPPORT OF PETITION
`FOR FILING PATENT APPLICATION
`UNDER 37 CFR §l.47(b):
`APPLICATION BY ASSIGNEE WHEN A
`JOINT INVENTOR REFUSES TO SIGN
`OR CANNOT BE FOUND
`
`Box: Patent Application
`Commissioner of Patents and Trademarks
`
`Washington, D.C.
`
`20231
`
`,,Q”=
`
`Sir:
`
`I, Philip H. Albert, declare as follows.
`
`1.
`
`I‘am an associate in the law firm of Townsend and
`
`Townsend and Crew LLP and am one of the attorneys of record in
`
`the subject application.
`
`2.
`
`On November 7, 1996 and times before,
`
`I met
`
`personally and by telephone with Mr. Ardon requesting that he
`
`review the above—captioned patent application and sign a Rule 63
`
`declaration provided to him.
`
`3.
`
`Mr. Ardon refused to sign the declaration stating
`
`his belief that the claims did not recite patentable subject
`
`matter.
`
`4. After explaining to him the legal test for novelty
`
`and non—obviousness,
`
`I requested that Mr. Ardon provide an
`
`example of prior art which would render the claimed invention
`
`unpatentable, but he could not cite any.
`
`BUNGIE - EXHIBIT 1048
`
`0048
`
`
`
`0048
`
`BUNGIE - EXHIBIT 1048
`
`
`
`Richard M. Peters, Jr, et al.
`Serial No. 08/263,646
`
`Page 2
`
`PATENT
`
`5.
`
`Mr. Ardon is currently employed either as a
`
`consultant or an employee for one of Worlds’ competitors. Worlds
`
`is concerned that Mr. Ardon may be basing his refusal to sign on
`
`a desire to prevent Worlds from obtaining a patent on an
`
`invention his current employer‘may wish to exploit.
`
`6.
`
`I offered Mr. Ardon the opportunity to provide me
`
`with prior art references which I would submit in an Information
`Disclosure Statement, but he indicated that he would not take the
`
`time to search for prior art.
`
`7.
`
`To my knowledge, Mr. Ardon does not dispute that
`
`he was the developer of parts of the subject matter disclosed in
`
`the application and of parts of the claimed subject matter, only
`disputing the patentability of the claimed subject matter.
`A
`8.
`In discussions about the patentability of_the-_
`
`claims,
`
`I asked Mr. Ardon to cite prior art which might cause the
`
`claims to be unpatentable. He cited a number of existing
`systems, such as "Habitat" developed by Compuserve,
`"Doom".
`developed by id Software,
`the DIVE system used in Switzerland,
`and systems called "AMBER" and "DESCENT." Mr. Ardon may have
`mentioned other systems, but I do not recall any beyond those in
`
`my notes.
`
`9.
`
`When I asked Mr. Ardon about specific limitations
`
`of the systems, he indicated that many of them were proprietary
`and he did not know about their inner workings.
`
`The undersigned declares further that all statements
`
`made herein of his own knowledge are true and that all statements
`
`made on information and belief are believed to be true and
`
`further that these statements are made with the knowledge that
`
`willful false statements and the like so made are punishable by
`fine or imprisonment, or both, under Section 1001 of Title 18 of
`the United States Code and that such willful false statements may
`
`0049
`
`
`
`0049
`
`
`
`Richard M. Peters, Jr, et al.
`Serial No. 08/263,646
`
`Page 3
`
`‘
`
`PATENT
`
`jeopardize the validity of the application or any patent issuing
`
`'thereon.
`
`Date:
`
`/Z/V3‘/fig
`
`
`
`Respectfully submitted
`
`By //
`
`'
`Al e t
`
`Reg. No. 35,819
`
`TOWNSEND and TOWNSEND and CREW LLP
`Two Embarcadero Center, 8th Floor
`San Francisco, CA
`94111-3834
`Telephone:
`(415) 576-0200
`Fax:
`(415) 576-0300
`
`
`
`p:\017376\O005\P02-decl.pha
`
`0050
`
`0050
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