`IN THE UNITED STATES PATENT AND TRADEMARK grFiCe/lV,
`(
`In re application of: Rothschild ef al.
`
`VP
`
`Art Unit:
`
`2758
`
`Appl. No. 09/407,371
`Filed: September 28, 1999
`
`TJo Be Assigned .
`Examiner:
`Atty. Docket: 1719.0050002
`
`For:
`
`Server-Group Messaging System
`for Interactive Applications
`
`SECOND SUPPLEMENTAL
`INFORMATION DISCLOSURE STATEMENT
`UNDER MPEP§ 2001.06(C)
`
`Commissioner for Patents
`Washington, D.C. 20231
`
`Sir:
`
`Listed on accompanying Form PTO-1449are one-hundred and one (101) documentsthat
`
`may be considered material to the examination of this application, in compliance with the duty
`
`of disclosure requirements of 37 C.F.R. §§ 1.56, 1.97 and 1.98.
`
`Information Disclosure Statement under MPEP §
`This “Second Supplemental
`2001.06(c)” is a follow-up to the “First Supplemental Information Disclosure Statement under
`
`MPEP§ 2001.06(c)”filed by the Applicants on November 1, 2000. That is, the documentslisted
`
`on the accompanying Form PTO-1449 were also broughtto the attention of the undersigned as
`a result ofa litigation captioned HearMe v. Lipstream Networks, Inc., Case No. C-99-04506
`
`(WHA), filed in the United States District Court for the Northern District of California on
`October 8, 1999. This suit involved U.S. Patents Nos. 5,822,523 and 6,018,766, to which the
`present application claims priority under 35 U.S.C. § 120. The suit was ultimately settled on
`
`August 30, 2000. In any event, due to the requirements of 37 C.F.R. §§ 1.56, 1.97 and 1.98, as
`
`well as MPEP § 2001.06(c) (7th ed., Rev. 1, Feb. 2000), the undersignedfelt it best to cite these
`
`xx documents on the accompanying Form PTO-1449.
`
`
`
`«~?
`
`®
`
`e
`
`-2-
`
`Rothschild et al.
`Appl. No. 09/407,371
`
`Applicants have listed 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 admission that the information was actually published on the date indicated.
`
`Applicants reserve the right to further establish the patentability of the claimed invention
`
`over any ofthe listed documents should they be applied as references, and/or to prove that some
`
`of these documents maynotbepriorart, and/or to prove that some of these documents may not
`
`‘be enabling for the teachings they purport to offer.
`
`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 Examineris 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 aprior application relied on under 35
`
`U.S.C. § 120. 1138 OG 37, 38 (May 19, 1992).
`
`It is respectfully requested that the Examinerinitial and return a copy of the enclosed
`
`PTO-1449, and indicate in the official file wrapper of this patent application that the documents
`
`have been considered.
`
`This Information Disclosure Statement is being filed before the mailing date of a first
`Office Action on the merits. No statement or fee is required. Nevertheless, 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.
`
`
`
`-3-
`
`Rothschild e¢ al.
`Appl. No. 09/407,371
`
`| Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`(Me)bled
`
`Raymond Millien
`Attorney for Applicants
`Registration No. 43,806
`
`ow’
`
`3
`
`Date:
`
`ulse}o0
`
`1100 New York Avenue, N.W.
`Suite 600
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`P:\USERS\RMILLIEN\171 9\005-2(supp2).ids
`
`
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