Microunity Systems Engineering, Inc v. Acer Inc. et al

Filing 130

MOTION to Dismiss Plaintiff's Motion to Dismiss and/or Strike Inequitable Conduct Defenses and Counterclaims Asserted by Defendants by Microunity Systems Engineering, Inc. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Grinstein, Joseph)

Microunity Systems Engineering, Inc v. Acer Inc. et al

Doc. 130 Att. 1

Exhibit A

Dockets.Justia.com

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Docket No.: 43876-111

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PATENT

IN THE UMTED STATES PATENT AND TRADEMARI<OFFTCE
In re Patent of
Craig C. HANSEN, et al.
Patent No.: 6,295,599 Issued: Sept. 25,2001

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Serial No.: 09/382,402 Filed: August 24,1999

Group ArtUnlt:276l Examiner: M. Monestime

FOT:

SYSTEM AND METHOD FOR PROVIDINGA WIDE OPERAND ARCHITCTURE

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CERTIFICATE OF CORRECTION UNDER 37 CFR $ 1.323
Commissioner for Patents Box 1450 Alexandri a, V A 223 L3 -l 450
Patentee respectfully requests correction of the above patent. The correction requested

P.O.

by the Patentee is an error of a clerical nature and/or of a mistake of minor character that occurred in good faith. See, 35 U.S.C. $255. The proposed corection does not constitute new matter and does not require reexamination.
Please charge deposit account 5OO4l7 the fee

of $100.00

as set

forth by 37 CFR $

1.20(a). Patentee respectfully requests correction of the above patent as follows:

I.

Requested Correction

(1)

ln the title page, section (63), line2,please insert after "Oct. 13, 1998" the

following phrase:

--, now U.S. Patent 6,006,318, which is a continuation of U.S. patent application Ser. No. 081754,827 filed Nov. 22, 1999, now U'S. Patent 5,822,603, which is a divisional of U.S. patent application Ser. No. 08/516,036, filed Aug. 16, 1995, now U.S' Pat. No' 5,742,840 ..

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2oo3

U.S. Patent 6,295,599

(2) (3)

Column 1, line 5, replace "is related" with:
--claims the benefit of PrioritY-;

Column 1, line 8, replace "which is in tum related to" with:

--, now U.S. Patent 6,006,318, which is a continuation of U'S' application ser. No. 08/754,827 filed Nov. 22, 1999, now U.S.
5,822,603, and which is a divisional of--;

patent Patent

For convenience, the above amendmēnts to column

I

may be represented as follows:

This application i+relased claims the benefit of priorit)” to Provisional Application No. 60/097,635 filed Aug. 24, 1998, and is a continuation in part of U.S. patent

applicationSer.Nq.09/\69,963,filedoct.13,l998
Patent 6.006.318. which is a continuation of U.S. patent application Ser. No. 08/754.827

filed Nov. ?2. 1999. now U.S. Patent 5.822.603. which is a divisional of U.S. patent application Ser. No. 08/516,036, filed Aug. 16, 1995, now U.S. Pat. No. 5,742,840.

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REMARKS
The above correction is being made to correct the priority claim of the above application

as set forth in MPEP 1481, pages 1400-68,

69. Notably,

as the above corrected patent was

filed

prior to November 2g,2001,the version of 37 CFR $1.78 in effect prior to November 29,2000
applies. See, MPEP 1481, pg. 1400-68.
Above U.S. patent 6,295,599 ("the'599 patent") claims priority to U,S. Patent 6,006,318

(the'318 patent) and is copending with the'318 patent. The'318 patent claims priority to U.S.
Patent 5,822,603 (the'603 patent) and is copending with the'603 patent, and claims priority to,

U.S. Patent 5,742,840 (the'840 patent) through the'603 patent. The'603 patent claims priority

to the'840 patent and is copending with the'840 patent. Furthermore, each of the'318,'603 and
'840 patents have common inventors as the above'599 patent (Craig Hansen and John

Moussouris); and each are complete in accordance with 37 CFR $ 1.51(a)'

The'840 patent is identified in the frrst sentence of the patent and both the'840 patent and

all of its divisionals, including the '603 patent, are identified at col. 1, lines 48'49 of the patent.

U.S. Patent 6,295,599

It is clear from the record of the'599 patent and the parent applications that the right to claim
priority to the '603 and '840 patents is identified and appropriate from the claim of priority to the
'318 patent which, in turn, claims priority to the '603 and '840 patents' The '599 patent also states that it is "related" to Provisional Application No. 60/097,635. The '599 patent was filed within one year of the'635 application, contains common inventors as

the'635 application (Craig Hansen and John Moussouris). Clearly the'635 application is
referenced in the'599 patent and priority is appropriate from the record. The following diagram illustrates the corrected priority claims(s) under 35 U.S.C. $$ 120 and 119(e) with the corrections being illustrated by dashed lines:

U.S. Pat. No.

5,742,U0
lssued: April 21, 1998

U.S. PaL No. 6,006,318 lssued: Oec. 21, 1999 App. No.:09/169,963 Filed: Oct. 13, 1998

U.S. Pat. No.

6,295,s99 lssued: Sept. 21,

200'l
App. No.: Ogl3E2,4O2
Filed: Aug.24, 1999

App. No.:08/516,036 Filed: Aug. 16, 1995

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Prov. App. No.:

60/097/635 F”lsd: Aug. 24, 1998

6.006.318. which is a continuation of U.S. patent application Ser. No. 08/754.827 filed Nov. 22. 1999. now U.S. Patent 5.822.603. wbich is a divisional of

is*elaęd claims the benefit of prioriw

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Respectfully submitted,

U,S. Patent 6,295,599

Please charge any shortage in fees due in connection with the

filing of this paper to

Deposit Account 500417 and please credit any excess fees to such deposit account.

If there

are any outstanding issues that might be resolved

by an interview, the Examiner

is requested to call Applicants' attorney at the telephone nurnber shown below.

MCDERMOTT, WILL & EMERY

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wr"t4)d3.

Registration No. 2ó,15

1

600 13th Sffeet, N.w,, Suite l2oo Washington, DC 20005-3096 Telephone: [phone] Facsimile: (202) 7 56-8087