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This patent claims to have the source code attached in a microfiche appendix:

MICROFICHE APPENDIX

This application includes, pursuant to 37 C.F.R. §§1.77(c)(2), 1.96(b), a microfiche appendix consisting of four (4) sheets of microfiche containing 297 frames of a program listing embodying the present invention.

Is this appendix publicly available?

Can it be obtained for personal research purposes?

EDIT: corrected the patent link.

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  • If anyone came here looking for that particular patent, I'd like to note that I've been able to obtain the source code thanks to Sean Riddle (seanriddle.com). It's now on archive.org: archive.org/details/furby-source.
    – Mark
    Aug 12, 2018 at 9:29

1 Answer 1

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Intuitively the microfiche should be part of the publication and therefore accessible. The relevant MPEP section calls the cd (successor of the microfiche) part of the publication and disclosure. I conclude that access must be possible, however this section doesn't help.

The MPEP section on availability to the public of patent (applications) clearly supports this:

It does not explicitly mention cds/microfiches, however as they are part of the publication upon paying the relevant fee I see no reason why one would not obtain a copy.

Furthermore, the fee listing for copies of patent documents in section 1.19 (b) (1) (ii) provides the fee for patent documents submitted on physical electronic storage devices.

Even if that section wouldn't apply, below is noted that a fee will be set by the director if non applies.

Conclusion: it's possible, but you'll probably have to pay for it.

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  • off-topic: hey, I'm really sorry for letting the bounty expire...
    – Mark
    Mar 13, 2018 at 19:20
  • @Mark no problem, glad to help. If you try obtaining the microfiche please add an answer telling us how it went afterwards
    – user18033
    Mar 13, 2018 at 19:46
  • By the way, what is the means of requesting such patent information (e.g. whom should I contact)?
    – Mark
    Mar 18, 2018 at 9:07
  • @Mark the USPTO (I don't know whom exactly tbh). But you can try calling them and asking or send a letter/fax with the request.
    – user18033
    Mar 18, 2018 at 9:10

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