Ex. PGS 1049
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`EX. PGS 1049
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`U.S. Patent and Trademaril Office; U.S. DEPARTMENT OF COMMERCE
`• <fl,(dJlr the Paperwort Reduction Ad of 1995 no persons ara required to respond to a collection of information unless it displays a valid OMB control number.
`47'Da, ~~ TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING
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`REJECTION OVER A "PRIOR" PATENT
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`Approved for use through 031311200~:g~::5\0!:~
`I Docket Number (Optional)
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`14.0123-PCT-US-CON4
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`In re Application of: Oyvind Hillesund, et al.
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`Application No.: 11/455,042
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`Filed: June 16, 2006
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`For: CONTROL SYSTEM FOR POSITIONING OF MARINE SEISMIC STREAMERS
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`The owner*, WestemGecn 1 1 c
`percent interest in the instant application hereby disclaims,
`1 no
`except as provided below, the terminal part of the statutory term of any patent granted on the instant application which would extend beyond
`the expiration date of the full statutory term prior patent No. 6.932.017
`as the term of said prior patent is defined in 35 U.S.C. 154
`and 173, and as the term of said prior patent is presently shortened by any terminal disclaimer. The owner hereby agrees that any patent so
`granted on the instant application shall be enforceable only for and during such period that it and the prior patent are commonly owned. This
`agreement runs with any patent granted on the instant application and is binding upon the grantee, its successors or assigns.
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`In making the above disclaimer, the owner does not disclaim the terminal part of the term of any patent granted on the instant application that
`would extend to the expiration date of the full statutory term as defined in 35 U .S.C. 154 and 173 of the prior patent, •as the term of said prior
`patent is presently shortened by any terminal disclaimer," in the event that said prior patent later:
`expires for failure to pay a maintenance fee;
`is held unenforceable;
`is found invalid by a court of competent jurisdiction;
`is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;
`has all claims canceled by a reexamination certificate;
`is reissued; or
`is in any manner terminated prior to the expiration of its full statutory term as presently shortened by any terminal disclaimer.
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`Check either box 1 or 2 below, if appropriate.
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`1. D For submissions on behalf of a business/organization (e.g .. corporation, partnership, university, government agency,
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`etc.), the undersigned is empowered to act on behalf of the business/organization.
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`I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and
`belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so
`made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code and that such willful false
`statements may jeopardize the validity of the application or any patent issued thereon.
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`2. 0 The undersigned is an attomey or agent of record. Reg. No._3;:;.:2::.~•=-95;:;.:2=-------
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`10/24/200 SSESHE1 00000045 11455042
`01 FC:181
`130.00 OP
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`0
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`Terminal disclaimer fee under 37 CFR 1.20(d) included.
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`JEFFREY L. WENDT
`Typed or printed name
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`October 18, 2006
`Date
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`936-321-3856
`Telephone Number
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`'Statement under 37 CFR 3. 73(b) is required if terminal disclaimer is signed by the assignee (owner).
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`This collection of information is required by 37 CFR 1.321. The information is required to obtain or ratain a benefit by the public which is to file (and by the USPTO
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`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
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`If you need assistance in completing the form, caii1-800-PT0-9199 and select option 2.
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`Ex. PGS 1049