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Re: DataStream post# 16715

Monday, 04/07/2014 2:19:03 PM

Monday, April 07, 2014 2:19:03 PM

Post# of 46425
F.

The Asserted Claims of the Patents-in-Suit Are Invalid
For all of the above reasons, the Patents-in-Suit are not entitled to claim priority to November 13, 1995, the filing date of the Provisional Application. Instead, the Patents-in-Suit may claim priority to November 12, 1996, the filing date of the ‘045 patent. As discussed above, AlphaWorld and Worlds Chat embodied all of the asserted claims of the Patents-in-Suit and were in public use at least a year before November 12, 1996. A patent is invalid as a matter of law if the invention claimed was in public use or available to the public more than one year before the effective filing date of the claimed invention. 35 U.S.C. §§ 102 (a) & (b). Because that is true here, the asserted claims of the Patents-in-Suit are invalid as a matter of law