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PTO/SB/25 (07-09)
`Approved for use through 07/31/2012. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paper work Reduction Act of 1995, no persons are required to respond to a collection of information unlessit displays a valid OMB control number.
`
`TERMINAL DISCLAIMER TO OBVIATE A PROVISIONAL DOUBLE PATENTING
`
`REJECTION OVER A PENDING “REFERENCE” APPLICATION
`
`APAG Orne, (Optional)
`
`In re Application of: Rozman, ef a/.
`
`Application No.: 12/720,147
`
`Filed: March 9, 2010
`
`For: System and Method for Protecting a Computer System from Malicious Software
`
`In making the above disclaimer, the owner does not disclaim the terminal part of any patent granted on the instant application that would
`extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 and 173 of any patent granted on said reference
`application, “as the term of any patent granted on said reference application may be shortened by any terminal disclaimerfiled prior to the
`grant of any patent on the pending reference application,” in the event that: any such patent: granted on the pending reference application:
`expires for failure to pay a maintenance fee,
`is held unenforceable,
`is found invalid by a court of competent jurisdiction,
`is statutorily
`disclaimed in whole or terminally disclaimed under 37 CFR 1.321, has all claims canceled by a reexamination certificate, is reissued, or is in
`any manner terminatedprior to the expiration of its full statutory term as shortened by any terminal disclaimer filed prior to its grant.
`
`Checkeither box 1 or 2 below,if appropriate.
`
`1. [| For submissions on behalf of a business/organization (e.g., corporation, partnership, university, government agency,
`etc.), the undersigned is empowered to act on behalf of the business/organization.
`
`| hereby declare that all statements made herein of my own knowledgeare true and that all statements made on information and
`belief are believed to true; and further that these statements were made with the knowledgethatwillful 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 jeopardize the validity of the application or any patent issued thereon.
`
`
`
`2. The undersigned is an attorney or agent of record. Reg. No.__39,615
`
`The owner*, Rozman & Cioffi, of 100 percent interest in the instant application hereby disclaims, except as provided below,the terminal part of
`the statutory term of any patent granted on the instant application which would extend beyond the expiration date ofthe full statutory term of
`any patent granted on pending reference Application Number _12/720,207, filed on March 9, 2010 , as such term is defined in 35 U.S.C. 154
`and 173, and as the term of any patent granted on said reference application may be shortenedby any terminal disclaimerfiled prior to the
`grant of any patent on the pending reference application. The owner hereby agrees that any patent so granted on the instant application shall
`be enforceable only for and during such period that it and any patent granted on the reference application are commonly owned. This
`agreementruns with any patent granted on the instant application and is binding upon the grantee, its successors or assigns.
`
`
`
`/Glenn W. Boisbrun/
`
`Glenn W. Boisbrun
`
`Signature
`
`January 24, 2012
`Date
`
`Typed or printed name
`
`972-732-1001
`
`Telephone Number
`
`Terminal disclaimer fee under 37 CFR 1.20 (d) is included.
`
`WARNING: Information on this form may becomepublic. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`
`*Statement under 37 CFR 3.73(b) is required if terminal disclaimer is signed by the assignee (owner).
`Form PTOC/SB/96 may be used for making this statement. See MPEP § 324.
`This collection of information is required by 37 CFR 1.321. The information is required to obtain or retain a benefit by the public whichisto file (and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upontheindividual case. Any comments on
`the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMSTO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`

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