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Atty. Docket No. 010520, 
Serial No. 09/998,152 

Communication in Response to Communication dated August 27, 2007 



(1) The Amendment adds a compact disc(s); however the 
specification has not been updated to reference the compact 
disc(s). Applicant is required to update or insert an 
incorporation-by-reference of the material on the compact 
disc(s) in the specification. See 37 CFR 1.77(b)(4) and 
1.52(e)(5). 

(2) The Amendment filed June 12, 2007 contains a data file on 
CD-ROM/CD-R that is not in an ASCII file format. File 
artifact number 09998 152UA is not in an ASCII format. 
Applicant is required to resubmit file(s) in ASCII format as 
required by 37 CFR 1 .52(e)(3). 



Applicant respectfully disagrees. On August 3 1 , 2007, Applicant contacted Examiner 
Greta Lee Robinson by telephone to discuss the communication of non-responsiveness 
regarding the response mailed June 12, 2007. Applicant clarified that that the compact disc 
was submitted as part of an Information Disclosure Statement ("IDS") and not for purposes of 
adding the material contained in the compact disc to the application. Therefore, there was no 
need to submit an updated specification to reference the compact disc because the notice of 
non-responsiveness was erroneously issued. In addition, applicant clarified to that the 
compact disc submitted as part of the IDS could not be obtained in ASCII format and would 
submit printed copies of the reference material contained in the compact disc. 

Accordingly, Applicant hereby requests withdrawal of the notice of non- 
responsiveness mailed on August 27, 2007 because the compact disc referenced in the 
communication was submitted as part of the IDS filed concurrently with the response on June 
12, 2007 was not meant to be included in the application. Therefore, no amendment to the 
specification referencing the compact disc was necessary. 



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Atty. Docket No. 010520, 
Serial No. 09/998,152 

Communication in Response to Communication dated August 27, 2007 

Therefore, Applicant respectfully requests withdrawal of the notice of non- 
responsiveness and respectfully requests reconsideration of the response field June 12, 2007 
because the response is fully responsive and places the application in condition for allowance. 

Applicant submits concurrently herewith under separate cover a supplemental IDS 
including printed copies of the material contained in the compact disc filed in the IDS on June 
1 2, 2007 for the Examiner's consideration. Applicant submits the printed material in lieu of 
submitting a compact disc in ASCII format because Applicant cannot obtain a compact disc in 
ASCII format. 

Accordingly, Applicant respectfully requests that the response filed on June 12, 2007 
is fully responsive and respectfully requests a timely notice of allowance. 

The Examiner is invited to contact the undersigned representative by telephone to 
discuss any outstanding issues with this application. 

The Office is hereby authorized to charge any underpayment of fees, or credit any 
overpayments, to Deposit Account No. 11-1110. 



KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 

Henry W. Oliver Building 

535 Smithfield Street 

Pittsburgh, Pennsylvania 15222-2312 

Telephone: (412) 355-6423 

Fax: (412)355-6501 

E-Mail : roberto . capriotti @klgates . com 

Customer No. 26285 



Respectfully submitted, 




Roberto Capriotti J 
Reg. No. 46,599 
Attorney for Applicant 



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