PATENT
`Attorney Docket No. 115094
`
`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Applicant(s) Charles A. Jennings etal.
`
`Examiner
`
`Not Yet Assigned
`
`SerialNo.
`
` 11/680,452
`
`Group Art No.
`
`2621
`
`Filed
`
`For
`
`February 28, 2007
`
`Confirmation No. 5285
`
`System and Method for Routing
`Media
`
`May 25, 2007
`
`Commissioner For Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`RESPONSE TO NOTICE OF OMITTED ITEM(S)
`IN A NONPROVISIONAL APPLICATION
`
`Sir:
`
`This paper is responsive to the Notice of Missing Item(s) In a Nonprovisional
`
`Patent Application filed under 37 CFR 1.53(b) dated March 26, 2007 having a statutory
`
`period for responseset to expire on May 26, 2007.
`
`Remarks begin on page 2 of this paper.
`
`349819.1
`
`

`

`PATENT
`Attorney Docket No. 115094
`
`Examination of the above-identified patent application is respectfully requested in
`
`view ofthe incorporation by reference of FIG. 7 which was inadvertently omitted from
`
`REMARKS
`
`the instant application.
`
`Disposition of Claims
`
`Claims 1-35 remain pending in the instant application.
`
`Omitted Drawing
`
`The Applicant wishes to note that FIG. 7 described in the specification, which
`
`was incorporated by reference, had been inadvertently omitted from the above-identified
`
`patent application. As such, the Applicant wishesto rely on his incorporation by
`
`reference under 37 CFR 1.57(a) in the above-identified patent application based on his
`
`claim under 37 CFR 1.78 for obtaining the benefit of a prior-filed non-provisional patent
`
`application that was present on the filing date of the instant patent application. In
`
`particular, the omitted FIG. 7 is completely contained in the prior-filed application;
`
`namely, U.S. patent application serial number 10/051 ,406 filed January 8, 2002, and
`
`entitled “System and Method for Routing Media” which the entire contents was
`
`incorporated by referencein the specification of the instant patent application. The
`
`Applicant has filed herewith a copy of FIG. 7 as filed in the prior-filed application.
`
`Accordingly, the Examiner is respectfully requested to enter FIG. 7 into the instant
`
`patent application prior to examination. The Applicant avers that no new matter has
`
`been entered by virtue of this preliminary amendment and entry of FIG. 7.
`
`CONCLUSION
`
`By the present remarks, the Applicant has submitted FIG. 7 which was
`
`inadvertently omitted from the instant patent application, but was incorporated by
`
`reference in an earlier-filed patent application that was pending at the time the instant
`
`patent application was originally filed. Accordingly, the incorporation by reference of FIG.
`
`7 into the instant patent application is respectfully requested prior to examination.
`
`349819.1
`
`

`

`The Examiner is requested to call the undersigned attorney collect if he has any
`
`questions related to the Applicant’s remarks.
`
`PATENT
`Attorney Docket No. 115094
`
`May 25, 2007
`
`Date
`
`Respectfully submitted,
`
`
`
`Ari M. Bai, Reg. No. 38,726
`Polsinelli Shalton Flanigan Suelthaus, PC
`100 South Fourth Street, Suite 1100
`St. Louis, Missouri 63102-1825
`Telephone :
`(314) 552-6818
`Facsimile :
`(314) 231-1776
`
`349819.1
`
`

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