Dear Mr. Maciol,
Following up on our July 8, 2003 conversation, I wanted to work with you to confirm an acceptable recitation of services for my client's PEER 1 application
(Application No. 76/165367).
Overall, we have mostly accepted your proposed recitation of services. The only remaining issue concerns the wording of the clause bolded below in
Int. Cl. 38 (which is revised language of the last clause in your proposed recitation which reads "customized electronic transmission of documents and data via computer terminals").
Accordingly, if you could respond as soon as possible as to the acceptableness of the following recitation of services, I would appreciate it:
International class 38: telecommunication services namely, routing of electronic transmissions of others, Internet bandwidth connectivity, and providing of high speed, high performance Internet
access, including long haul international multicast network for the transfer of data and other electronic signals and communications.
International class 39: providing electronic storage of data.
International class 42: customer server co-location, namely providing physically secure power protected data centers for housing network equipment; hosting the web sites of others on a computer
server for a global computer network; computer services, namely, data recovery services, data filtering and sorting and data warehousing; customer system support consisting of monitoring of network
systems, providing back up computer programs and facilities including emergency power backup for customer servers and troubleshooting of computer hardware and software problems; technical support
services, namely, remote or onsite trouble shooting of computer hardware and software problems; providing back-up computer programs, services and facilities; remote or onsite monitoring of computer
systems; data encryption services; computer security monitoring and security monitoring of computer access to the Internet.
Additionally, we wish to inquire if the Applicant can divide the application so that the part of it that does not require a disclaimer for the word "peer"
can move forward and we can simply address the portion that causes you concern (and for which you require a disclaimer).
Please understand that once we agree upon a recitation of services, we will file an answer to the outstanding office action that includes the payment for
the additional class and divides out the application (if acceptable).
We appreciate your attention to and assistance on this matter. Should you have any questions, comments or concerns regarding this or any other matter,
please do not hesitate to contact me. I look forward to your comments on the above matters.
Sincerely yours,
Peter J. Pawlak Jr.
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Peter J. Pawlak Jr.
Troutman Sanders, LLP
Bank of America Plaza, Suite 5200
600 Peachtree Street, N.E.
Atlanta, Georgia 30308-2216
Phone: (404) 885-3414 -- Fax: (404) 962-6764
Peter.Pawlak@troutmansanders.com
<http://www.troutmansanders.com>
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