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`RECEIVED
`
`MAY 2 3 2000
`IN THE UNITED STATES PATENT AND TRADEMARK onQup 2700
`
`Atty. Docket: 1719.0050002
`
`Art Unit:
`
`2758
`
`Examiner:
`
`To Be Assigned
`
`Information Disclosure Statement
`
`Filed: September 28, 1999
`For:
` Server-Group Messaging System
`for Interactive Applications
`
`In re application of:
`
`Rothschild ef al.
`
`Appl. No. 09/407,371
`
`Oo \P &™\
`
`
`
`
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`“Sy
`wn‘ £ Tanned
`
`a)
`MAY 22 2000
`g
`
`
`
`Commissioner for Patents
`Washington, D.C. 20231
`
`Sir:
`
`Listed on accompanying Form PTO-1449 are documents that may be considered material
`
`to the examination ofthis application, in compliance with the duty of disclosure requirements
`
`of 37 C.F.R. §§ 1.56, 1.97 and 1.98.
`
`Applicants havelisted publication dates on the attached PTO-1449 based on information
`
`presently available to the undersigned. However, the listed publication dates should not be
`
`construed as an admissionthat the information was actually published onthe date indicated.
`
`Applicants reserve the right to establish the patentability of the claimed invention over
`
`any of the information provided herewith, and/or to prove that this information may notbe prior
`
`art, and/or to prove that this information may not be enabling for the teachings purportedly
`
`offered.
`
`This statement should not be construed as a representation that a search has been made,
`
`or that information more material to the examination of the present patent application does not
`
`exist. The Examiner is specifically requested not to rely solely on the material submitted
`
`herewith. It is further understood that the Examiner will consider information that was cited or
`
`

`

`submitted to the U.S. Patent and Trademark Office in a prior application relied on under 35
`
`-2-
`
`Rothschild et al.
`Appl. No. 09/407,371
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`U.S.C. § 120. 1138 OG 37, 38 (May 19, 1992).
`
`Applicants have checked the appropriate boxes below.
`
`
`
`®1. This Information Disclosure Statement is being filed before the mailing date ofafirst
`.
`Office Action on the merits. No statement or fee is required.
`This Information Disclosure Statementis being filed more than three monthsafter the
`
`O2.
`
`U.S. filing date AND after the mailing date of the first Office Action on the
`
`merits, but before the mailing date of a Final Rejection or Notice of Allowance.
`
`Oa.
`
`I hereby state that each item of information contained in this Information
`
`Disclosure Statement was cited in a communication from a foreign patent
`
`office in a counterpart foreign application not more than three months
`
`prior to the filing of this Information Disclosure Statement. 37 C.F.R.
`
`§ 1.97(e)(1).
`I hereby state that no item of information in this Information Disclosure
`
`Ob.
`
`Statement was cited in a communication from a foreign patent office in
`
`a counterpart foreign application and, to my knowledge after making
`
`reasonable inquiry, was known to any individual designated in 37 C.F.R.
`
`§ 1.56(c) more than three monthsprior to the filing of this Information
`
`Disclosure Statement. 37 C.F.R. § 1.97(e)(2).
`
`Oc.
`
`Attached is our Check No.
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`inthe amount of$__—siin paymentof
`
`the fee under 37 C.F.R. § 1.17(p).
`
`O03.
`
`This Information Disclosure Statement is being filed more than three monthsafter the
`
`U.S. filing date and after the mailing date of a Final Rejection or Notice of
`
`Allowance, but before payment ofthe Issue Fee. A separate Petition to the Group
`
`Director, requesting consideration of this Information Disclosure Statement, is
`
`concurrently submitted herewith, along with our Check No.
`
`in the
`
`amount of$ —_—sin paymentofthe fee under 37 C.F.R. § 1.17(i).
`
`Oa.
`
`I hereby state that each item of information contained in this Information
`
`Disclosure Statement was cited in a communicationfrom a foreign patent
`
`office in a counterpartforeign application not more than three months
`
`

`

`4
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`-3-
`
`Rothschild e¢ al.
`Appl. No. 09/407,371
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`priorto thefiling ofthis Information Disclosure Statement. 37 C.F.R.§ 1.97(e)(1).
`
`Ob.
`
`I hereby state that no item of information in this Information Disclosure
`
`Statement was cited in a communication from a foreign patent office in
`
`a counterpart foreign application and, to my knowledge after making
`
`reasonable inquiry, was known to any individual designated in 37 C.F.R.
`§ 1.56(c) more than three monthsprior to the filing of this Information
`
`Disclosure Statement. 37 C.F.R. § 1.97(e)(2).
`
`Oo 4.
`
`The document(s) was/were cited in a search report by a foreign patent office ina
`
`counterpart foreign application. Submission of an English language version of
`
`the search report that indicates the degree ofrelevance found bythe foreign office
`
`is provided in satisfaction of the requirement for a concise explanation of
`
`relevance. 1138 OG 37, 38.
`
`O5.
`
`A concise explanation ofthe relevanceofthe non-English language document(s) appears
`below:
`
`O6.
`
`The Examiner's attention is directed to co-pending U.S. Patent Application No.
`
`, filed
`
`» which is directed to related technical subject
`
`matter. The identification of this U.S. Patent Application is not to be construed
`as a waiverof secrecy as to that application now or upon issuance of the present
`
`application as a patent. The Examineris respectfully requested to consider the
`
`cited application and the art cited therein during examination.
`
`7.
`
`A copy of documents AL1* and ARI are enclosed. Copies of the remaining documents
`
`were cited by or submitted to the Patent Office in Application No. 08/896,797,
`
`filed July 18, 1997 (now U.S. Pat. No. 6,018,766), or 08/595,323, filed February
`
`1, 1996 (now U.S. Pat. No. 5,822,523), which are relied uponforan earlier filing
`
`date under 35 U.S.C. § 120. Thus, copies of these documents are not attached.
`
`37 C.F.R. § 1.98(d).
`
`*The Examiner’s attention is directed towards document ALI (EP 0 647 149).
`
`It is
`
`believed that this document wascited in a prior application but was incorrectly
`
`listed as EP 0 647 142. Applicants hereby list the correct document number on
`
`the attached PTO-1449, and enclose a copy of the document for the convenience
`
`of the Examiner.
`
`

`

`-4.
`
`Rothschild ef al.
`Appl. No. 09/407,371
`
`It is respectfully requested that the Examinerinitial and return a copy of the enclosed
`
`PTO-1449, andindicate in the official file wrapper of this patent application that the documents
`
`have been considered.
`
`The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency,
`
`or credit any overpayment, to our Deposit Account No. 19-0036. A duplicate copy of this
`
`pleading is enclosed.
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`(TopWi—
`
`Raymond Millien
`Attorney for Applicants
`Registration No. 43,806
`
`Date:
`
`5] 22] 00
`
`1100 New York Avenue, N.W.
`Suite 600
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`PAUSERS\JASONG\I719\005-2.ids
`SKGFRev. 4/28/00 mac
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