UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Ofiice
`Address: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria, Virginia 22313-I450
`www.uspto.gov
`
`{ /
`
`/
`
`NOTICE OF. ALLOWANCE AND FEE(S) DUE
`
`ommoov
`mo
`zom
`MORRISON & FOERSTER LLP
`425 MARKET STREET
`SAN FRANCISCO, CA 94105-2482
`
`_ "W “W0 H
`
`M
`DATE MAILED: 07/23/2007
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Timothy James Speight
`10/23/2002
`l0/278,342
`TITLE OF INVENTION: PACKET DATA QUEUING AND PROCESSING
`
`78100
`
`9463
`
`APPLN. TYPE
`nonprovisional
`
`SMALL ENTITY
`YES
`
`IssUE FEE DUE
`$700
`
`PUBLICATION FEE DUE
`$300
`
`$0
`
`TOTAL FEE(S) DUE
`$1000
`
`I0/23/2007
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION E THE MERITS I_S_ CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`SIAILLIQRX PERIQQ QANNQL BE . SEE 35 U.S.C. 15]. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
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`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`Ifthe SMALL ENTITY is shown as YES, verify your current
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`A. Pay TOTAL FEE(S) DUE shown above, or
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`and twice the amount ofthe ISSUE FEE shown above, or
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`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a on Part B — Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
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`11. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`A
`
`II]. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`
`PTOL—85 (Rev. 07/07) Approved for use through 07/31/2007.
`
`Page I of 3
`
`ERICSSON EXHIBIT 1009
`
`

`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or fig (571)-273-2885
`
`through 5 should be completed where
`INSTRUCTIONS: This fonn should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required . Blocks I
`ap ropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will
`e mailed to the current eorres ondencc address as
`maintenance cc noti ications.
`in _icatcd unlpss CO[r‘<_3ClC§I below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate " EE ADDRESS" for
`
`
`
`
`
` CURRENT CORRESPONDENCE ADDRESS (Note; Use Block I for any change ofaddress) Now: A can‘ Icatc 0 _ma' ",1 can on y C use or omcstlc ma‘ mgs 0 C
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`_
`_
`_
`'
`_
`
`20872
`
`7590
`
`07/23/2007
`
`MORRISON & FOERSTER LLP
`425 MARKET STREET
`SAN FRANCISCO, CA 94105-2482
`
`th_§?iIi§"p°§'J(}°§'l§§§iL'lfi§l'i:EZ3.§;'"J§§§£l.ed_ with the United
`I hereb certif
`iaatpsszgzlsiefigszsies,".::"i,:;z.:*" i:.:i:.2i::
`§l‘2lf§sse‘if“iL’,
`transmitted to the USPTO ($71) 273-2885, on the date indicated be ow.
`(Depositor's mime)
`
`
`
`(Sisnnmrc)
`
`(Date)
`
`Timothy James Speight
`I0/23/2002
`10/278,342
`TITLE OF INVENTION: PACKET DATA QUEUING AND PROCESSING
`
`78 I00
`
`9463
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`YES
`
`TRAN, PHUC H
`
`$700
`
`2616
`
`$300
`
`$0
`
`$1000
`
`I O/23/2007
`
`370-412000
`
`I. Chan e of correspondence address or indication of "Fee Address" (37
`2. For printing on the patent front page, list
`
`
`CF R I. 63).
`(I) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name ofa single firm (having as a member a
`registered attorney or agent) and the names of up to
`[I "Fee Address" indication (or "Fee Address" Indication fonn
`PTO/SB/47; Rev 03-02 or more recent) attached. Use ofa Customer
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`Number is required.
`
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`2
`
`3
`
`
`
`D Chan c of eorres ondencc address (or Change of Correspondence -
`Address orm PTO/ B/I22) attached.
`
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CF 3.1 I. Completion ofthis fonn IS NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : Cl Individual D Corporation or other private group entity El Government
`
`4a. The following fee(s) are submitted:
`El Issue Fee
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`D A check isenclosed.
`
`El Publication Fee (No small entity discount permitted)
`l:l Advance Oi-dcr - # of Copies
`5. Change in Entity Status (from status indicated above)
`CI b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
`D a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`El Payment by credit card. Form PTO-2038 is attached.
`l:lThe Director is hereby authorized to charge the required fceés), any deficiency, or crcditany
`overpayment, to Deposit Account Number
`enclose an extra copy of this fonn).
`
`Authorized Signature
`
`Typed or printed name
`
`Date
`
`Registration No.
`
`This collection of information is required by 37 CFR L31 1. The information is re tilted to obtain or retain a benefit b the public which is to _file (arid by the USPTO to process)
`an application. Confidentialityis governed by 35 U.S.C. I22 and 37 CFR 1.14. T _is collection is estimated to take 1 minutes to complete, including gathering, preparing, and
`submitting the completed application fomi to the USPTO. Time will va
`dc endin upon the individual case. Any comments on the amount of time you require to com lete
`this form and/or su gestions for reducing this burden, should be sent to t c C ief In omiation Offieer, U.S. Patent and Trademark Offiee, US. Department of Commerce,
`.0.
`Box 1450, Alexandéia, Virgginia 22313-I450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box I450,
`Alexandria, Virginia 2231
`I450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection ofinformation unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 07/07) Approved for use through 07/31/2007.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`

`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspIo.gov
`.
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/278,342
`
`10/23/2002
`
`Timothy James Spcight
`
`78100
`
`9463
`
`MORRISON & FOERSTER LLP
`mm
`SAN FRANCISCO, CA 94105-2482
`
`TRAN “U0 H
`
`2616
`DATE MAILED: 07/23/2007
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 1143 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 1143 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspt0.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101
`or
`(571)-272-4200.
`
`PTOL-85 (Rev. 07/07) Approved for use through 07/31/2007.
`
`Page 3 of 3
`
`

`
`Application No.
`
`App|icant(s)
`
`_
`_
`_
`Notice of Allowabllrty
`
`10/278,342
`Examine.
`
`SPEIGHT, TIMOTHY JAMES
`Art unit
`
`PHUC H. TRAN
`
`2616
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. E This communication is responsive to Amendmend filed 6/1/07.
`
`2. [Z] The allowed claim(s) is/are 1-25.
`
`3. IX] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) X All
`b) C] Some‘
`c) D None
`of the:
`
`1. E Certified copies of the priority documents have been received.
`
`2. E] Certified copies of the priority documents have been received in Application No. __
`
`3. D Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`' Certified copies not received: _____
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4.1:] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMlNER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. D CORRECTED DRAWINGS ( as “replacement sheets") must be submitted.
`(a) I] including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached
`1) D hereto or 2) D to Paper No./Mail Date
`
`(b) E] including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mail Date
`
`Identifying indicia such as the application number (see 37 CFR1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. CI DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. [3 Notice of References Cited (PTO-892)
`2. E] Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. 8 Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date 5/8/07
`4. [:1 Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`_
`5. El Notice of Informal Patent Application
`6. X Interview Summary (PTO-413),
`Paper No./Mail Date 6/7/07.
`7. E Examiner's Amendment/Comment
`
`8. D Examiner's Statement of Reasons for Allowance
`
`9. [:1 Other
`
`.
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-06)
`
`
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20070607
`
`

`
`Application/Control Number: 10/278,342
`
`Page 2
`
`Art Unit: 2616
`
`lEXAM[][NlElR’S AMENDMENT
`
`1.
`
`An examiner’s amendment to the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`payment of the issue fee.
`
`Authorization for this examiner’s amendment was given in a telephone interview with
`
`Denise H. Wong (Reg. No. 59622) on 6/7/07.
`
`The application has been amended as follows:
`
`Claim 24, line 1 “adapted to” has been replaced with “configured to”.
`
`2.
`
`The following is an examiner’s statement of reasons for allowance: claim 1-25 are
`
`allowable over the prior art of record since the cited references taken individually or in
`
`combination fails to particularly discloses a method of processing queued data packets in a
`
`packet data communication system, the method comprising: allocating a tier of service for
`
`substantially each of a plurality of individual packet data queues; wherein allocating a tier of
`
`service comprises:_the method is characterized by the steps of: determining a total number of
`
`data packets that can use an available communication resource; allocating a proportion of said
`
`total number of data packets to a number of the tiers of service to allow individual packet data
`
`queues on a number of tiers to share a communication resource; and providing said
`
`communication resource to queued packet data users on a tier-by-tier basis, such that said
`
`communication resource is made available to a substantial number of tiers.
`
`

`
`Application/Control Number: 10/278,342
`
`Page 3
`
`Art Unit: 2616
`
`3.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
`
`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`
`Allowance.”
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`examiner should be directed to PHUC H. TRAN whose telephone number is (571) 272-3172.
`The examiner can normally be reached on M-F (8-4:30).
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`supervisor, CHI PHAM can be reached on (571) 272-3179. The fax phone number for the
`organization where this application or proceeding is assigned is 571-273-8300.
`Information regarding the status of an application may be obtained from the Patent
`Application Information Retrieval (PAIR) system. Status information for published applications
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`applications is available through Private PAIR only. For more information about the PAIR
`system, see http://pair-direct.uspto. gov. Should you have questions on access to the Private PAIR
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`like assistance from a USPTO Customer Service Representative or access to the automated
`information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`Phuc Tran
`
`Assistant Examiner
`
`Art Unit 2616
`
`P.t
`
`6/7/07
`
`/Q,
`SUPERVISORY PATENT EXAMINER
`
`CHI PHAM
`
`

`
`_
`Interview Summary
`
`10/278,342
`
`Examiner
`
`SPEIGHT, TIMOTHY JAMES
`_
`Art Unit
`
`Application No.
`
`App|icant(s)
`
`PHUC H. TRAN
`
`2616
`
`All participants (applicant, applicant's representative, PTO personnel):
`
`(1) -
`
`(2) Denise H. Wong (Reg. No. 59622).
`
`Date of Interview: 07 June 2007.
`
`(3)____-
`
`(4)
`
`.
`
`Type:
`
`b)E] Video Conference
`a)IX] Telephonic
`c)I:] Personal [copy given to: 1)I:I applicant
`
`2)D applicant's representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description:
`
`d)[___I Yes
`
`e)I:] No.
`
`CIaim(s) discussed: 3.
`
`Identification of prior art discussed:
`
`Agreement with respect to the claims f)[Xl was reached. g)Ij was not reached. h)E] N/A.
`
`Substance of Interview including description of the general nature of what was agreed to if an agreement was
`reached, or any other comments: see Examiners Amendment.
`
`(A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims
`allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims
`allowable is available, a summary thereof must be attached.)
`
`THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE
`
`If a reply to the last Office action has already been filed, APPLICANT IS
`INTERVIEW. (See MPEP Section 713.04).
`GIVEN A NON-EXTENDABLE PERIOD OF THE LONGER OF ONE MONTH OR THIRTY DAYS FROM THIS
`
`INTERVIEW DATE, OR THE MAILING DATE OF THIS INTERVIEW SUMMARY FORM, WHICHEVER IS LATER, TO
`FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See Summary of Record of Interview
`requirements on reverse side or on attached sheet.
`
`Examiner Note: You must sign this form unless it is an
`Attachment to a signed Office action.
`U.S. Palenl and Trademark Office
`
`I
`Examiner's s gnature, if required
`
`PTOL-413 (Rev. 04-03)
`
`Interview Summary
`
`Paper No. 20070607
`
`

`
` ALTERNATIVE T0 PTO/SBIOBNB (09/06)
` complete I! Known
`
`1°/278.342
` 11E3in UB(1
`October 23. 2002
`
`
`INFORMATION DHSCLOSURE
`
`
`
`
`
`
`
`(Use as many sheets as necessary)
`
`or e
`
`
`
`Name of Patentee or
`Applicant ot Cited Document
`
`Rab,“ passages
`
`R mam
`
`FOREIGN PATENT DOCUMENTS
`.c«-mur-es.
`P
`new Puwwbn
`w,::sRwnm P5389“
`Name of Patentee or
`Fm’ - " Pm”
`mem
`Dam
`cm,
`gxamine,
`or Relevant Hgumpapear 1°
`AP9‘°°'“ °' Cm °°°“"*°"*
`Country Code’—Nurnbar'4Gnd Code'(l7known) MM—DD-YYYY
`No.‘
`Initials‘
`IIHIIK DE-19907085 —_
`I1 EP-1124356
`08-16-2001 Lucent Technoloies, Inc. —_
`
`[Lilli wo-0174027
`1004-2oo1 Nokia Networks ov —
`
`
`‘EXAMINER: Initial lt intormation considered. whether or not citation Is In conformance with MPEP 609. Draw line through citation it not in oontormanco and not
`considered.
`lnctude copy of this form with next communication to applicant.
`‘Applicant’: unique citation designation number (optional).
`' See Kinds Codes of
`USPTO Patent Documents at &.uspto.gov or MPEP 901.04.
`’ Enter Ofllce that Issued the document. by the two-letter coda (WIPO Standard ST.:l).
`‘ For
`Japanese patent documents. the indication ot the year ot the reign oi the Emperor rnust precede the serial number at the patent document. ‘land of document by
`the appropriate symbols as indicated on the document under WIPO Standard ST. 16 it possible. ' Applicant is to place a check mart: here It English language
`Translation is attached.
`
`NON PATENT LITERATURE DOCUMENTS
`
`Initials
`
`
`
`
`
`
`Include name ofthe author (in CAPITAL LETTERS). title ofthe article (when appropriate), title atthe item (book,
`Cue
`No 1
`magazine. journal, serial. symposium. catalog. etc.). date. page(s). volume-issue number(a). publisher. city
`and/or count where ublished.
`
`
`
`/PT/. Chaskar et al. (2003). "Fair Scheduling with Tunable Latency: A Round-Robin Approach."
`
`
`IEEEIACM Transactions on Networkin -
`11 4 592-601 6
`
` International Search Report mailed April 29, 2003 for PCT Application No. PCT/GB02/04823
`
`filed October 24. 2002. 3
`
`
`'BtAMlNER: Initial it retarance considered. whether or not citation Is in contonnanca with MPEP 609. Draw line through citation it not in conformance and not
`considered. Include copy at this loan with next communication to applicant.
`
`‘Applicants unique citation designation number (optional). ‘Applicant is to place a check mart: here it Engnsh language Translation is attached.
`
`§“n"§i3?;
`sf- 228871 1
`
`/Phuc Tran’
`
`_ 06/07/2007
`
`STATEMENT Y APPLlCANT