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February 25, 2000

Geoffrey Fox

4345 City Heights Terrace

Jamesville, NY 13078

Re: Patent application

Dear Geoffrey:

You have asked that I comment on the legal requirements of the "Combined Declaration and Power of Attorney for Patent Application" which you have been asked to sign. As you know, I am not a patent attorney so my advice is limited by a general reading of the appropriate statutes and regulations. In that regard, the combined declaration has the following statement:

"I believe I am the original, first and sole inventor (if only one name is listed below) or an original, first and joint inventor (if plural names are listed below) of the subject matter which is claimed and for which a patent is sought on the invention entitled 'SYSTEM FOR METHOD OF MANAGING AND DELIVERING EDUCATIONAL CONTENT'".

You have stated that last fall you disclosed that other individuals should be listed as joint inventors, other than the three on the Combined Declaration which is you, Marek Podgorny and Krzysztof Walczak.

You have further stated that you feel that as you advised last fall, the claims that are set forth in the application are incomplete.

The combined declaration also has a statement by those that signed it, to wit:

"I acknowledge the duty to disclose information which is material to the examination of this application in accordance with Title 37, Code of Federal Regulations, 1.56."

That regulation entitled "Duty to disclose information material to patentability" imposes on each individual associated with the filing and prosecution of a patent application a duty of candor and good faith in dealing with the patent office, which includes a duty to disclose to the office all information known to that individual to be material to patentability as defined in the Code. The duty to disclose information exists with respect to each pending claim until the claim is canceled or withdrawn from consideration or the application becomes abandoned. (I will be sending you with this letter a complete copy of Section 1.56.)

The Combined Declaration goes on to have the inventor state in part—"I acknowledge the duty to disclose material information as defined in Title 37, Code of Federal Regulations 1.56 which occur between the filing date of the prior application and the national or PCT international filing date of this application."

The Combined Declaration also includes this statement:

"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 are 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 issuing thereon."

18 USC Section 1001 states that anyone who makes a materially false, fraudulent statement or representation shall be fined or imprisoned not more than five years, or both.

There are other pertinent portions of the Code of Federal Regulations that I wish to call to your attention. 37 CFR Section 1.45 states:

"(a) Joint inventors must apply for a patent jointly and each must make the required oath or declaration; neither of them alone nor less than the entire number, can apply for a patent for an invention invented by them jointly except as provided in Section 1.47."

Section 1.47 covers the situation where a joint inventor refuses to sign an application for a patent or cannot be found. See enclosed.

37CFR Section 1.48 allows for the correction of inventorship in a patent application. See enclosed.

I trust this answers the questions that you've raised and should you have any further questions, please give me a call.

Very truly yours,

MACKENZIE SMITH LEWIS MICHELL & HUGHES, LLP

Carter H. Strickland

CHS:rjc

P S: Mike Diener is available to talk to you about inventions Monday a.m. at 11:00. His number is 617-526-6454. He will be discussing claims to patent and appropriate inventor.