FIN0008-DIV 1
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`PATENT
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In re Application of
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`David GRUZMAN,etal.
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`Group Art Unit:
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`2435
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`Serial No.:
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`—-12/814,584
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`Filed:
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`June 14, 2010
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`Patent No.:
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`8,141,154
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`Examiner:
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`Ponnoreay Pich
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`Issued: March 20, 2012
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`For:
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`SYSTEM AND METHODFOR INSPECTING DYNAMICALLY GENERATED
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`EXECUTABLE CODE
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`PETITION TO ACCEPT UNINTENTIONALLY DELAYED CLAIM OF
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`PRIORITY UNDER35 U.S.C. §120 FOR THE BENEFIT OF A
`PRIOR-FILED APPLICATION FILED UNDER37 C.F.R.§1.78(a)(3)
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`Mail Stop OFFICE OF PETITIONS
`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`DearSir:
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`Assignee respectfully submits this Petition for acceptance of an unintentionally delayed
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`claim ofpriority under 35 U.S.C. §120 for the benefit of a prior-filed application in the above-
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`referenced patent. In conjunction with this Petition, Assignee submits an Amendmentto the
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`Specification, and provides for paymentof the required fees under 37 C.F.R. §1.17(t) ($1,420).
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`The Assigneeis also submitting a Request for Reconsideration of Certificate of Correction,
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`whichwasoriginally filed on September 19, 2013, requesting correction of the priority
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`information on the front of the patent and also the correction of the specification to include the
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`priority information, and provides for paymentof the required fee under 37 C.F.R. §1.20(a)
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`($100). The application as originally filed included the priority information on the Utility Patent
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`Application Transmittal letter filed with the application on June 14, 2010. Further, the priority
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`information is accurately reflected in the filing receipt mailed June 24, 2010.
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`

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`Serial No. 12/814,584
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`Docket No. FIN0008-DIV1
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`Assignee understandsthat a petition for acceptance of a claim for late priority under 37
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`C.F.R. §1.78(a)(3) is only applicable to those applications filed on or after November 29, 2000
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`and after the expiration of the period specified in 37 C.F.R. §1.78(a)(2)(ii). Assignee
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`understandsthat the petition under 37 C.F.R. §1.78(a)(3) must be accompaniedby:
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`(1)
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`the reference required by 35 U.S.C. §120 and 37 C.F.R. §1.78(a)(2)() of the
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`prior-filed application, unless previously submitted;
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`(2)
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`(3)
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`the surcharge set forth in 37 C.F.R. §1.17(t); and
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`a statement that the entire delay between the date the claim was due under 37
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`C.F.R. §1.78(a)(2)(i1) and the date the claim wasfiled was unintentional.
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`The correction of the priority claim of the present patent is made to complete the priority
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`claim to include a specific reference to benefit of U.S. Application Serial No. 11/298,475, filed
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`December 12, 2005, now U.S. Patent No. 7,757,289, issued July 13, 2010, which claim wascited
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`in the transmittal letter and filing receipt of this application/patent. This request is made after the
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`expiration of the period specific in 37 C.F.R. §1.78(a)(2)(ii).
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`In accordance with 35 U.S.C. §120 and 37 C.F.R. §1.78(a)(2)(i), the following
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`amendmentto the specification of the present application which addsa referenceto the benefit of
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`priority to U.S. Application Serial No. 11/298,475, filed December 12, 2005, now U.S. Patent
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`No. 7,757,289, is submitted in conjunction with this Petition in a separate amendmentfiled
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`herewith:
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`CROSS-REFERENCE TO RELATED APPLICATIONS
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`This application is a divisional of and claimspriority to U.S. Patent Application
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`Serial No. 11/298.475, filed December 12, 2005, entitled “System and Method
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`For Inspecting Dynamically Generated Executable Code,” now U.S. Patent No.
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`7,757,289.
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`In accordance with 37 C.F.R. §1.78(a)(2)(i), the amendmentidentifies the prior filed application
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`by application numberandindicates the relationship of the application.
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`It is submitted that the entire delay between the date the priority claim was due and the
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`date that this petition with priority claim addedto the specification is filed was unintentional.
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`2
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`Serial No. 12/814,584
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`Docket No. FIN0008-DIV1
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`Paymentof $1,420 fee as required under 37 C.F.R. §1.17(t) and fee of $100 as required
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`under 37 C.F.R. §1.20(a) is provided electronically via EFS-Web with this Petition. The
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`Commissioneris authorized to charge any additional fees due to Deposit Account No. 50-6099.
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`Assignee submits that this request, the amendmentto the specification, and the Request
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`for Reconsideration of Certificate of Correction are diligently made to correct the record of the
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`present application and accurately reflect the priority information on the face of United States
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`Patent No. 8,141,154. Granting of this Petition is respectfully requested.
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`Date: October 16, 2013
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`By:
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`/Dawn-Marie Bey — 44,442/
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`Respectfully submitted,
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`Bey & Cotropia PLLC
`213 Bayly Court
`Richmond, VA 23229
`(804) 441-8530
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`Dawn-Marie Bey (Reg. No. 44,442)
`Attorney for Assignee
`Finjan, Inc.
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