Streetspace, Inc v. Google, Inc. et al

Filing 40

REPLY to Response to Motion re 29 MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) filed by Streetspace, Inc. (Attachments: # 1 Declaration Trevor Coddington, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proof of Service)(Fazio, James) (lmt).

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EXHIBIT A 2003 WL 25952592 (Bd.Pat.App. & Interf.) Page 1 For Opinion See 2010 WL 429233 , 2009 WL 3793380 , 2009 WL 3837018 Board of Patent Appeals and Interferences. Ex Parte NTP, INC. Application No. 90/006,677. June 24, 2003. Applicant: Campana, Jr. et al. Patent: 5,479,472 Title: System for Interconnecting Electronic Mail Systems By RF Communications and Method of Operation Thereof TC/Art Unit: 2645 Examiner: Scott Weaver Docket No. 49671.000006 Confirmation No.: 5442 Appeal Brief Of Counsel:, Brian M. Buroker, Registration No. 39,125, Christopher C. Campbell, Registration No. 37,291, Hunton & Williams LLP, 1900 K Street, N.W., Washington, D.C. 20006-1109, Telephone: (202) 955-1500, Facsimile: (202) 778-2201. In response to the Office Action dated August 22, 2006, rejecting claims 1-62 and 112- 157 appellants respectfully request that the Board of Patent Appeals and Interferences reconsider and withdraw the rejections of record, and allow the pending claims, which are attached hereto as an Appendix A. I. REAL PARTY IN INTEREST The real party in interest is NTP, Inc., the assignee of the above-referenced application. II. RELATED APPEALS AND INTERFERENCES This appeal is related to the co-pending appeal of the final rejections in the following reexamination proceedings: 1) Reexamination proceeding for U.S. Patent No. 5,436,960 assigned Control Nos. 90/006,533; 90/006,675 and 90/007,731. 3) Reexamination proceeding for U.S. Patent No. 5,438,611 assigned Control No. 90/006,676. 4) Reexamination proceeding for U.S. Patent No. 5,625,670 assigned Control Nos. 90/006533; 90/006678 and 90/007723. 5) Reexamination proceeding for U.S. Patent No. 5,631,946 assigned Control Nos. 90/006,492 and 90/006,679. © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. 2003 WL 25952592 (Bd.Pat.App. & Interf.) Page 63 submission for ex parte reexamination proceedings. Patent Owner strongly disagreed with the Office's position in the Decision and filed a Petition to reconsider the Office's Decision. The Office denied the Petition to reconsider on August 22, 2006. Patent Owner filed a petition to reconsider its decision on October 23, 2006. Patent Owner may also take other actions to ensure that the record for review by the Board is complete. As such, Patent Owner reserves the right to supplement the record for appeal with evidence, argument and other information in the future. IX. CONCLUSION Patent Owner contends that the Final Office Action should be reversed on each and every ground of rejection and objection. The Board is respectfully requested to direct the Office to issue a Notice of Intent to Issue a Reexamination Certificate and to terminate the above-identified merged reexamination proceedings. Patent Owner also authorizes the Director to credit any fees required to the undersigned's Deposit Account No. XXXXXXX. Dated: December 19, 2006 Sturm & Fix, LLP Midland Building 206 Sixth Avenue, 1213 Des Moines, IA 50309-4076 (515) 288-9589 (telephone) (515) 288-4860 (facsimile) Carl I. Brundidge Registration No.: 29,621 Mattingly, Stanger, Malur & Brundidge, P.C. 1800 Diagonal Road, Suite 370 Alexandria, VA 22314 Telephone: (703) 684-1120 Facsimile: (703) 684-1157 END OF DOCUMENT © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.

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