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Full text of "USPTO Patents Application 09870801"

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United States Patent and Trademark Office 


Commissioner for Patents 
United States Patent and Trademark Office 
P.O. Box 1450 
Alexandria, VA 22313-1450 


www.uspto.gov 


Paper No. 11 


Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. 
1300 I Street, N.W. 
Washington, DC 20005 


MAILED 

OCT 1 4 2004 
Technology Center 2100 


In re Application of: Karl L. Ginter et al. 
Application No. : 09/870,80 1 
Filed: June 1, 2001 

For: SYSTEMS AND METHOD FOR 


DECISION ON PETITION UNDER 37 
C.F.R. § L181 TO WITHDRAW 
HOLDING OF ABANDONMENT 


SECURE TRANSACTION 


MANAGEMENT AND 


ELECTRONIC RIGHTS ) 
PROTECTION ) 

This is a decision on the petition filed July 20, 2004 under 37 CFR § 1 . 1 8 1 to a withdraw the holding 
of abandonment of the above-identified application. The petition was supplemented by a filing on 
October 12, 2004 supplying some of the materials which did not accompany the original petition. 

This application was held abandoned for failure to file a timely response to the Office action of mail 
date September 26, 2003. A Notice of Abandonment was mailed on May 20, 2004. 

In support of the petition, Petitioner provides a copy of (1) an amendment (including 3 attachments 
designated Exhibits 1-3) filed in response to the Office action of mail date September 26, 2003, (2) a 
petition for a 3 month Extension of time, (3) a Notice of Litigation with 2 exhibits [including a CD- 
ROM] (4) an Information Disclosure Statement accompanied by a 38 page listing of the references on 
aPTO-1449, (5) a second Information Disclosure Statement with an authorization to charge $1310 to 
Deposit Account No. 06-0916, (6) CD-ROMs containing the references, (7) Notice of Interference 
with Exhibits A-G, and (8) a post card with a PTO stamp indicating receipt at the USPTO on March 
26, 2004 of the aforementioned items. 

M.P.E.P. § 503 states: 

A post card receipt which itemizes and properly identifies Ihe items which are being filed serves 
as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date 
stamped thereon by the USPTO. 

Petitioner has established that a response was filed on March 26, 2004 with the authorization to charge 
the requisite fee for a three-month extension of time necessary for the response to be considered timely. 
Thus, Petitioner has established that a response was timely filed and the Abandonment was the result 
of Office error in not matching the response to the application file. Furthermore, a review of the file 


Serial No. 09/870,801 
Decision on Petition 


-2- 


indicates that the fees were posted to the application on March 31, 2004. 

The petition is GRANTED. The Notice of Abandonment is WITHDRAWN. 

The application file is being forwarded to the Technology Center support staff for processing of the 
amendment, the information disclosure statement and all the attachments. After processing, the 
application will then be forwarded to the Examiner for appropriate action. 


Pinchus M. Laufer 
Special Programs Examiner 
Technology Center 2100 

Computer Architecture, Software, and Information Security 
(703) 306-4160