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`RECEIVED
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`MAY 2 3 2000
`IN THE UNITED STATES PATENT AND TRADEMARK onQup 2700
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`Atty. Docket: 1719.0050002
`
`Art Unit:
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`2758
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`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
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`a)
`MAY 22 2000
`g
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`
`
`Commissioner for Patents
`Washington, D.C. 20231
`
`Sir:
`
`Listed on accompanying Form PTO-1449 are documents that may be considered material
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`to the examination ofthis application, in compliance with the duty of disclosure requirements
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`of 37 C.F.R. §§ 1.56, 1.97 and 1.98.
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`Applicants havelisted publication dates on the attached PTO-1449 based on information
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`presently available to the undersigned. However, the listed publication dates should not be
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`construed as an admissionthat the information was actually published onthe date indicated.
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`Applicants reserve the right to establish the patentability of the claimed invention over
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`any of the information provided herewith, and/or to prove that this information may notbe prior
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`art, and/or to prove that this information may not be enabling for the teachings purportedly
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`offered.
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`This statement should not be construed as a representation that a search has been made,
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`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
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`herewith. It is further understood that the Examiner will consider information that was cited or
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`
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`submitted to the U.S. Patent and Trademark Office in a prior application relied on under 35
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`-2-
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`Rothschild et al.
`Appl. No. 09/407,371
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`U.S.C. § 120. 1138 OG 37, 38 (May 19, 1992).
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`Applicants have checked the appropriate boxes below.
`
`
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`®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
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`O2.
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`U.S. filing date AND after the mailing date of the first Office Action on the
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`merits, but before the mailing date of a Final Rejection or Notice of Allowance.
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`Oa.
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`I hereby state that each item of information contained in this Information
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`Disclosure Statement was cited in a communication from a foreign patent
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`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.
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`Statement was cited in a communication from a foreign patent office in
`
`a counterpart foreign application and, to my knowledge after making
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`reasonable inquiry, was known to any individual designated in 37 C.F.R.
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`§ 1.56(c) more than three monthsprior to the filing of this Information
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`Disclosure Statement. 37 C.F.R. § 1.97(e)(2).
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`Oc.
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`Attached is our Check No.
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`inthe amount of$__—siin paymentof
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`the fee under 37 C.F.R. § 1.17(p).
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`O03.
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`This Information Disclosure Statement is being filed more than three monthsafter the
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`U.S. filing date and after the mailing date of a Final Rejection or Notice of
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`Allowance, but before payment ofthe Issue Fee. A separate Petition to the Group
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`Director, requesting consideration of this Information Disclosure Statement, is
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`concurrently submitted herewith, along with our Check No.
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`in the
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`amount of$ —_—sin paymentofthe fee under 37 C.F.R. § 1.17(i).
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`Oa.
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`I hereby state that each item of information contained in this Information
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`Disclosure Statement was cited in a communicationfrom a foreign patent
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`office in a counterpartforeign application not more than three months
`
`
`
`4
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`-3-
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`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).
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`Ob.
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`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
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`Disclosure Statement. 37 C.F.R. § 1.97(e)(2).
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`Oo 4.
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`The document(s) was/were cited in a search report by a foreign patent office ina
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`counterpart foreign application. Submission of an English language version of
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`the search report that indicates the degree ofrelevance found bythe foreign office
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`is provided in satisfaction of the requirement for a concise explanation of
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`relevance. 1138 OG 37, 38.
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`O5.
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`A concise explanation ofthe relevanceofthe non-English language document(s) appears
`below:
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`O6.
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`The Examiner's attention is directed to co-pending U.S. Patent Application No.
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`, filed
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`» which is directed to related technical subject
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`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
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`application as a patent. The Examineris respectfully requested to consider the
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`cited application and the art cited therein during examination.
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`7.
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`A copy of documents AL1* and ARI are enclosed. Copies of the remaining documents
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`were cited by or submitted to the Patent Office in Application No. 08/896,797,
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`filed July 18, 1997 (now U.S. Pat. No. 6,018,766), or 08/595,323, filed February
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`1, 1996 (now U.S. Pat. No. 5,822,523), which are relied uponforan earlier filing
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`date under 35 U.S.C. § 120. Thus, copies of these documents are not attached.
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`37 C.F.R. § 1.98(d).
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`*The Examiner’s attention is directed towards document ALI (EP 0 647 149).
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`It is
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`believed that this document wascited in a prior application but was incorrectly
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`listed as EP 0 647 142. Applicants hereby list the correct document number on
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`the attached PTO-1449, and enclose a copy of the document for the convenience
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`of the Examiner.
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`
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`-4.
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`Rothschild ef al.
`Appl. No. 09/407,371
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`It is respectfully requested that the Examinerinitial and return a copy of the enclosed
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`PTO-1449, andindicate in the official file wrapper of this patent application that the documents
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`have been considered.
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`The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency,
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`or credit any overpayment, to our Deposit Account No. 19-0036. A duplicate copy of this
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`pleading is enclosed.
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`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
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`PAUSERS\JASONG\I719\005-2.ids
`SKGFRev. 4/28/00 mac
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