The following are express warranties to a client accepted by Bruce & McCoy for representation and services. There are no implied warranties. Ernest H. McCoy warrants that he and his staff will maintain as confidential any disclosure made to Bruce & McCoy in their capacity as patent lawyers under the attorney client privilege except as may be necessitated in filing a patent application on the clients behalf in the United States Patent and Trademark Office (USPT0) which is confidential therein. Bruce & McCoy will also treat as confidential any disclosure from an applicant who is not a client of Bruce & McCoy, but Bruce & McCoy reserves the right to retain or return such a disclosure without such activity establishing an attorney-client relationship.

Ernest H. McCoy warrants that Bruce & McCoy will retain any moneys submitted to it as retainer funds in a separate client trust account, as required by the state of California, under the clients name until an attorney-client relation is established and the moneys are earned and to promptly return unearned moneys when the services have been completed.

Ernest H. McCoy warrants that he will personally perform the work in writing the specification and claims for any patent application to be filed in the USPT0, although he may have editorial help in doing so, and that he will do it to the best of his ability; that he will personally supervise the preparation of the drawings and accompanying papers; that he will also personally prepare the amendments to be filed in response to Official Actions from the USPT0 to the best of his ability in accordance with the instructions from his clients.

Ernest H. McCoy warrants that the bill for services submitted to the client upon completion of the services for the client, for preparation and filing the patent application, or preparation of a response to an Official Action, will not exceed the prior written estimated total of fees and costs unless changes to the invention disclosure are made by the client after the estimate is given.

Ernest H. McCoy warrants that he will state in writing whether he either declines or accepts an applicant who has sent in a submission and retainer, within 10 days of receipt by him thereof if the retainer is a certified check, otherwise within 10 days after a personal check from an applicant is honored by the bank. If Mr. McCoy declines to accept the client, he will also within 10 days of receipt of a submission return the retainer.