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 January 31, 2012 US PATENT AND TRADEMARK OFFICE Print Table of Contents 1374 OG 261 

OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE

January 31, 2012 Volume 1374 Number 5

CONTENTS

 Patent and Trademark Office NoticesPage 
Patent Cooperation Treaty (PCT) Information1374 OG 262
Notice of Maintenance Fees Payable1374 OG 265
Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee1374 OG 266
Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 01/02/20121374 OG 291
Reissue Applications Filed1374 OG 292
Requests for Ex Parte Reexamination Filed1374 OG 294
Requests for Inter Partes Reexamination Filed1374 OG 295
Notice of Expiration of Trademark Registrations Due to Failure to Renew1374 OG 296
37 CFR 1.47 Notice by Publication1374 OG 301
37 CFR § 1.47 Notice by Publication1374 OG 303
Registration to Practice1374 OG 309
Notice of Reprimand1374 OG 311
Status of Public Records Division1374 OG 312
Changes To Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act1374 OG 314
Changes To Implement the Preissuance Submissions by Third Parties Provision of the Leahy-Smith America Invents Act1374 OG 326
Changes To Implement the Inventor's Oath or Declaration Provisions of the Leahy-Smith America Invents Act1374 OG 343
Disclaimers1374 OG 385
Errata1374 OG 387
Erratum1374 OG 391
Certificates of Correction1374 OG 392
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board1374 OG 394

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office
Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Centers
Patent Technology Centers



COPIES OF PATENTS are furnished by the Patent and Trademark Office at $3.00 each; PLANT PATENTS in color, $15.00 each; copies of TRADEMARKS at $3.00 each. Address orders to the Commissioner of Patents and Trademarks, P.O. Box 1450, Alexandria, VA., 22313-1450, or click here for online ordering.


Printing by U.S.P.T.O. in electronic form is authorized by 35 U.S.C. § 10(a)3


Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 262 

Patent Cooperation Treaty (PCT) Information
                  Patent Cooperation Treaty (PCT) Information

   For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1369 O.G. 5, on August 2, 2011.

   For information on subject matter under Rule 39 that a particular
International Searching Authority will not search, see Annex D of the PCT
Applicants' Guide.

European Patent Office as Searching and Examining Authority

   The European Patent Office (EPO) may act as the International Searching
Authority (ISA) for an international application filed with the United
States Receiving Office or the International Bureau (IB) as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America. However, the EPO is no longer
a competent ISA, within the meaning of PCT Article 16(3), for
international applications filed by U.S. residents or nationals on or
after March 1, 2002, in the USPTO or IB as a Receiving Office, and where
the application contains one or more claims directed to the field of
business methods. For the definition of what the EPO considers to be
precluded subject matter in the field of business methods, applicants
should see the "Notice from the President of the European Patent
Office", dated November 26, 2001, and which was published as Annex A in
the "Notice Concerning EPO Competence to Act as PCT Authority" in the
Official Gazette at 1255 O.G. 878, on February 19, 2002.

   The European Patent Office may act as the International Preliminary
Examining Authority (IPEA) for an international application filed in the
United States Receiving Office or the International Bureau as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America, provided that the European
Patent Office acted as the International Searching Authority. However,
the EPO is no longer a competent IPEA, within the meaning of PCT Article
32(3), for international applications filed by U.S. residents or nationals
in the USPTO or IB as a Receiving Office where the corresponding demand is
filed with the EPO on or after March 1, 2002, and where the application
contains one or more claims directed to the field of business methods.

   The search fee of the European Patent Office was decreased, effective
January 1, 2012, and was announced in the Official Gazette at 1373 O.G.
177, on December 27, 2011.

Korean Intellectual Property Office as Searching and Examining Authority

   For use of the Korean Intellectual Property Office as an International
Searching Authority and International Preliminary Examining Authority for
international applications filed in the United States Receiving Office,
see the notice appearing in the Official Gazette at 1302 O.G. 1261 on
January 17, 2006.

   The search fee of the Korean Intellectual Property Office was decreased,
effective January 1, 2012, and was announced in the Official Gazette at
1373 O.G. 177, on December 27, 2011.

Australian Patent Office as Searching and Examining Authority

   The Australian Patent Office (IP Australia) may act as the International
Searching Authority (ISA) for an international application filed with the
United States Receiving Office or the International Bureau (IB) as
Receiving Office where at least one of the applicants is either a national
or resident of the United States of America. However, IP Australia is not a
competent ISA, within the meaning of PCT Artical 16(3), for international
applications filed by U.S. residents or nationals in the USPTO or IB as a
Receiving Office, and where the application contains one or more claims
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 263 

directed to the field of business methods or mechanical inventions.

   IP Australia may act as the International Preliminary Examining
Authority (IPEA) for an international application filed in the United
States Receiving Office or the International Bureau as Receiving Office
where at least one of the applicants is either a national or resident of
the United States of America, provided that IP Australia acted as the
International Searching Authority. However, IP Australia is not a competent
IPEA, within the meaning of PCT Article 32(3), for international
applications filed by U.S. residents or nationals in the USPTO or IB as a
Receiving Office where the corresponding demand is filed with IP Australia
and where the application contains one or more claims directed to the
fields of business methods or mechanical engineering or analogous fields of
technology as defined by specified areas of the International Patent
Classification System, as indicated in Annex A to the agreement between the
USPTO and IP Australia. See the notice appearing in the Official Gazette
at 1337 O.G. 261 on December 23, 2008.

   For use of IP Australia as an International Searching Authority and
International Preliminary Examining Authority for international
applications filed in the United States Receiving Office, see the notice
appearing in the Official Gazette at 1337 O.G. 265 on December 23, 2008.

   The search fee of IP Australia was increased, effective January 1, 2012,
and was announced in the Official Gazette at 1373 O.G. 177, on December 27,
2011.

Fees

   The transmittal fee for the USPTO was changed to include a basic portion
and a non-electronic filing fee portion, effective November 15, 2011, and
was announced in the Federal Register on November 15, 2011. Search fees for
the USPTO were changed, effective January 12, 2009, and were announced in
the Federal Register on November 12, 2008. The fee for filing a request for
the restoration of the right of priority was established, effective
November 9, 2007, and was announced in the Federal Register on September 10,
2007.

   International filing fees were increased, effective January 1, 2012,
and were announced in the Official Gazette at 1373 O.G. 177, on December
27, 2011.

   The schedule of PCT fees (in U.S. dollars), as of January 1, 2012, is as
follows:

International Application (PCT Chapter I) fees:

   Transmittal fee
      Basic Portion                                                 $240.00
      Non-electronic filing fee portion for international
       applications (other than plant applications) filed
       on or after 15 November 2011 other than by the
       Office electronic filing system (other than a
       small entity)                                                $400.00
      Non-electronic filing fee portion for international
       applications (other than plant applications) filed
       on or after 15 November 2011 other than by the
       Office electronic filing system (small entity)               $200.00

   Search fee

      U.S. Patent and Trademark Office (USPTO) as
      International Searching Authority (ISA)
         - Search fee                                             $2,080.00
         - Supplemental search fee, per additional
            invention (payable only upon invitation)              $2,080.00
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 264 

      European Patent Office as ISA                               $2,370.00
      Korean Intellectual Property Office as ISA
         - for international applications filed in English        $1,101.00
      IP Australia as ISA                                         $1,833.00

   International fees

      International filing fee                                    $1,453.00
      International filing fee-filed in paper
         with PCT EASY zip file or
         electronically without PCT EASY zip file                 $1,344.00
      International filing fee-filed
         electronically with PCT EASY zip files                   $1,494.00
      Supplemental fee for each page over 30                      $1,234.00

   Restoration of Priority

      Filing a request for the restoration of the
      right of priority under § 1.452                             $1,410.00

   International Application (PCT Chapter II) fees associated
   with filing a Demand for Preliminary Examination:

      Handling fee                                                  $219.00
      Handling fee-90% reduction, if applicants meet criteria
      specified at:
        http://www.wipo.int/pct/en/fees/fee_reduction.pdf            $21.90
      Preliminary Examination Fee
         USPTO as International Preliminary
         Examining Authority (IPEA)
            - USPTO was ISA in PCT Chapter I                        $600.00
            - USPTO was not ISA in PCT Chapter I                    $750.00
            - Additional preliminary examination fee,
              per additional invention
              (payable only upon invitation)                        $600.00

   U.S. National Stage fees (for international applications entering
the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
Web site (www.uspto.gov).

January 9, 2012                                         ANDREW H. HIRSHFELD
                                                 Associate Commissioner for
                                                  Patent Examination Policy
                                  United States Patent and Trademark Office
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 265 

Notice of Maintenance Fees Payable
                   Notice of Maintenance Fees Payable

   Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.

   Attention is drawn to the patents that were issued on January 20, 2009
for which maintenance fees due at 3 years and six months may now be paid
The patents have patent numbers within the following ranges:

        Utility Patents 7,478,438 through 7,480,942
        Reissue Patents based on the above identified patents.

   Attention is drawn to the patents that were issued on January 18, 2005
for which maintenance fees due at 7 years and six months may now be paid
The patents have patent numbers within the following ranges:

        Utility Patents 6,842,908 through 6,845,512
        Reissue Patents based on the above identified patents.

   Attention is drawn to the patents that were issued on January 16, 2001
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:

        Utility Patents 6,173,447 through 6,175,957
        Reissue Patents based on the above identified patents.

   No maintenance fees are required for design or plant patents.

   Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov. Click on the "Site Index" link at the
top of the homepage (www.uspto.gov), and then scroll down and click on the
"Maintenance Fees" link for more information.

   Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "United States Patent and Trademark
Office, P.O. Box 979070, St. Louis, MO 63197-9000".

   Correspondence related to maintenance fees other than payments of
maintenance fees in patents is not to be mailed to P.O. Box 979070,
St. Louis, MO 63197-9000, but must be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".

   Patent owners must establish small entity status according to 37 CFR
1.27 if they have not done so and if they wish to pay the small entity
amount.

   The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set forth
in the most recently amended provisions in 37 CFR 1.20(e)-(g). To obtain
the current maintenance fee amounts, please call the USPTO Contact Center
at (800)-786-9199 or see the current USPTO fee schedule posted on the USPTO
Internet web site. At the top of the USPTO homepage at www.uspto.gov, click
on the "Site Index" link and then scroll down and click on the "Fees,
USPTO" link to find the current USPTO fee schedule.
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 266 

Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee
                        Notice of Expiration of Patents
                     Due to Failure to Pay Maintenance Fee

   35 U.S.C. 41 and 37 CFR 1.362(g) provide that if the required
maintenance fee and any applicable surcharge are not paid in a patent
requiring such payment, the patent will expire at the end of the 4th, 8th
or 12th anniversary of the grant of the patent depending on the first
maintenance fee which was not paid.
   According to the records of the Office, the patents listed below have
expired due to failure to pay the required maintenance fee and any
applicable surcharge.

                  PATENTS WHICH EXPIRED ON December 14, 2011
                    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent                          Application                         Issue
Number                             Number                            Date

6,000,061                       09/195,247                       12/14/99
6,000,068                       09/151,124                       12/14/99
6,000,072                       09/149,301                       12/14/99
6,000,073                       09/165,529                       12/14/99
6,000,078                       08/933,720                       12/14/99
6,000,080                       08/785,525                       12/14/99
6,000,089                       09/042,299                       12/14/99
6,000,112                       09/282,404                       12/14/99
6,000,113                       08/787,574                       12/14/99
6,000,114                       09/001,903                       12/14/99
6,000,121                       08/446,375                       12/14/99
6,000,126                       08/627,909                       12/14/99
6,000,129                       09/041,845                       12/14/99
6,000,130                       09/062,816                       12/14/99
6,000,131                       08/948,188                       12/14/99
6,000,133                       09/092,062                       12/14/99
6,000,138                       08/211,545                       12/14/99
6,000,141                       08/995,053                       12/14/99
6,000,144                       08/973,187                       12/14/99
6,000,145                       09/105,808                       12/14/99
6,000,147                       09/118,402                       12/14/99
6,000,148                       09/104,178                       12/14/99
6,000,149                       09/183,777                       12/14/99
6,000,177                       08/944,171                       12/14/99
6,000,179                       08/970,248                       12/14/99
6,000,180                       09/005,428                       12/14/99
6,000,183                       08/796,976                       12/14/99
6,000,184                       08/638,902                       12/14/99
6,000,187                       09/065,260                       12/14/99
6,000,188                       09/001,290                       12/14/99
6,000,196                       09/110,775                       12/14/99
6,000,205                       09/013,232                       12/14/99
6,000,210                       08/983,033                       12/14/99
6,000,226                       09/126,479                       12/14/99
6,000,231                       09/006,081                       12/14/99
6,000,243                       09/067,022                       12/14/99
6,000,248                       09/135,388                       12/14/99
6,000,249                       09/104,018                       12/14/99
6,000,250                       09/106,929                       12/14/99
6,000,253                       09/107,220                       12/14/99
6,000,254                       09/052,622                       12/14/99
6,000,257                       09/042,194                       12/14/99
6,000,285                       09/083,484                       12/14/99
6,000,290                       08/968,205                       12/14/99
6,000,298                       08/840,863                       12/14/99
6,000,314                       09/149,811                       12/14/99
6,000,330                       09/161,208                       12/14/99
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 267 

6,000,333                       09/125,842                       12/14/99
6,000,357                       09/057,098                       12/14/99
6,000,358                       09/079,058                       12/14/99
6,000,370                       08/974,771                       12/14/99
6,000,377                       09/044,094                       12/14/99
6,000,378                       09/144,257                       12/14/99
6,000,381                       08/961,710                       12/14/99
6,000,382                       09/101,161                       12/14/99
6,000,383                       08/968,594                       12/14/99
6,000,385                       08/999,634                       12/14/99
6,000,398                       09/186,797                       12/14/99
6,000,399                       09/090,697                       12/14/99
6,000,400                       08/741,348                       12/14/99
6,000,401                       08/951,694                       12/14/99
6,000,403                       09/000,318                       12/14/99
6,000,405                       09/274,381                       12/14/99
6,000,410                       09/262,935                       12/14/99
6,000,411                       09/133,697                       12/14/99
6,000,415                       08/855,827                       12/14/99
6,000,417                       09/001,098                       12/14/99
6,000,420                       09/116,206                       12/14/99
6,000,429                       08/805,293                       12/14/99
6,000,439                       09/029,940                       12/14/99
6,000,442                       08/930,844                       12/14/99
6,000,448                       09/145,081                       12/14/99
6,000,449                       09/115,482                       12/14/99
6,000,454                       08/569,337                       12/14/99
6,000,455                       08/919,811                       12/14/99
6,000,467                       09/087,016                       12/14/99
6,000,477                       08/578,524                       12/14/99
6,000,479                       09/014,349                       12/14/99
6,000,484                       08/719,993                       12/14/99
6,000,491                       09/036,840                       12/14/99
6,000,498                       09/208,391                       12/14/99
6,000,501                       08/903,057                       12/14/99
6,000,503                       08/990,243                       12/14/99
6,000,515                       08/211,020                       12/14/99
6,000,522                       08/881,021                       12/14/99
6,000,523                       08/976,428                       12/14/99
6,000,529                       08/982,557                       12/14/99
6,000,531                       08/886,835                       12/14/99
6,000,533                       09/013,022                       12/14/99
6,000,544                       09/083,688                       12/14/99
6,000,552                       09/242,991                       12/14/99
6,000,578                       08/875,588                       12/14/99
6,000,581                       08/941,456                       12/14/99
6,000,597                       09/014,878                       12/14/99
6,000,598                       08/960,062                       12/14/99
6,000,601                       08/735,031                       12/14/99
6,000,618                       09/000,793                       12/14/99
6,000,626                       09/005,570                       12/14/99
6,000,629                       09/032,835                       12/14/99
6,000,636                       09/162,900                       12/14/99
6,000,647                       09/120,221                       12/14/99
6,000,654                       09/028,557                       12/14/99
6,000,655                       09/182,913                       12/14/99
6,000,663                       09/085,466                       12/14/99
6,000,671                       08/792,024                       12/14/99
6,000,678                       09/170,134                       12/14/99
6,000,680                       08/917,192                       12/14/99
6,000,681                       08/904,343                       12/14/99
6,000,687                       09/196,095                       12/14/99
6,000,694                       08/847,892                       12/14/99
6,000,695                       08/583,065                       12/14/99
6,000,697                       09/136,600                       12/14/99
6,000,722                       08/799,082                       12/14/99
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 268 

6,000,723                       08/952,213                       12/14/99
6,000,724                       08/927,369                       12/14/99
6,000,725                       09/066,521                       12/14/99
6,000,733                       08/936,757                       12/14/99
6,000,739                       09/079,951                       12/14/99
6,000,744                       09/282,784                       12/14/99
6,000,747                       09/131,518                       12/14/99
6,000,759                       09/234,443                       12/14/99
6,000,761                       09/148,227                       12/14/99
6,000,767                       09/015,668                       12/14/99
6,000,769                       09/177,663                       12/14/99
6,000,776                       09/015,054                       12/14/99
6,000,778                       08/762,240                       12/14/99
6,000,779                       08/924,027                       12/14/99
6,000,783                       08/127,480                       12/14/99
6,000,785                       09/199,035                       12/14/99
6,000,789                       08/838,925                       12/14/99
6,000,790                       08/291,554                       12/14/99
6,000,800                       09/102,699                       12/14/99
6,000,803                       08/914,546                       12/14/99
6,000,816                       08/904,183                       12/14/99
6,000,823                       09/169,862                       12/14/99
6,000,829                       08/925,437                       12/14/99
6,000,833                       08/785,744                       12/14/99
6,000,836                       09/047,565                       12/14/99
6,000,837                       08/894,891                       12/14/99
6,000,841                       09/144,173                       12/14/99
6,000,849                       09/105,616                       12/14/99
6,000,861                       09/051,503                       12/14/99
6,000,863                       09/038,223                       12/14/99
6,000,864                       09/149,970                       12/14/99
6,000,867                       08/931,834                       12/14/99
6,000,874                       08/877,943                       12/14/99
6,000,880                       08/997,412                       12/14/99
6,000,882                       08/984,227                       12/14/99
6,000,885                       09/120,696                       12/14/99
6,000,892                       09/208,988                       12/14/99
6,000,895                       08/904,620                       12/14/99
6,000,896                       09/100,724                       12/14/99
6,000,905                       09/041,635                       12/14/99
6,000,907                       09/139,076                       12/14/99
6,000,913                       09/139,100                       12/14/99
6,000,915                       09/005,170                       12/14/99
6,000,925                       08/996,177                       12/14/99
6,000,929                       08/545,867                       12/14/99
6,000,932                       09/290,084                       12/14/99
6,000,939                       09/246,588                       12/14/99
6,000,944                       09/169,469                       12/14/99
6,000,949                       08/859,691                       12/14/99
6,000,953                       09/058,417                       12/14/99
6,000,954                       09/060,628                       12/14/99
6,000,959                       08/599,096                       12/14/99
6,000,961                       08/936,420                       12/14/99
6,000,962                       09/103,326                       12/14/99
6,000,963                       09/121,609                       12/14/99
6,000,964                       09/030,969                       12/14/99
6,000,972                       08/997,059                       12/14/99
6,000,981                       08/955,506                       12/14/99
6,000,986                       09/149,780                       12/14/99
6,000,989                       08/549,061                       12/14/99
6,000,994                       09/003,232                       12/14/99
6,000,997                       09/113,450                       12/14/99
6,000,999                       09/267,630                       12/14/99
6,001,006                       08/963,708                       12/14/99
6,001,008                       09/293,459                       12/14/99
6,001,009                       09/063,670                       12/14/99
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 269 

6,001,027                       08/697,647                       12/14/99
6,001,034                       08/965,503                       12/14/99
6,001,040                       09/030,168                       12/14/99
6,001,042                       09/018,606                       12/14/99
6,001,048                       09/186,019                       12/14/99
6,001,054                       09/081,954                       12/14/99
6,001,064                       08/929,957                       12/14/99
6,001,066                       09/089,417                       12/14/99
6,001,070                       09/240,561                       12/14/99
6,001,071                       09/024,970                       12/14/99
6,001,083                       09/187,600                       12/14/99
6,001,096                       09/003,564                       12/14/99
6,001,102                       08/970,382                       12/14/99
6,001,103                       09/044,257                       12/14/99
6,001,114                       09/072,027                       12/14/99
6,001,132                       07/504,881                       12/14/99
6,001,141                       08/748,234                       12/14/99
6,001,145                       08/961,737                       12/14/99
6,001,148                       08/852,296                       12/14/99
6,001,150                       08/937,398                       12/14/99
6,001,153                       09/041,783                       12/14/99
6,001,178                       08/854,930                       12/14/99
6,001,181                       08/905,101                       12/14/99
6,001,184                       08/767,792                       12/14/99
6,001,187                       08/805,994                       12/14/99
6,001,191                       08/760,801                       12/14/99
6,001,195                       08/768,467                       12/14/99
6,001,211                       09/062,900                       12/14/99
6,001,219                       08/852,345                       12/14/99
6,001,223                       09/037,522                       12/14/99
6,001,226                       08/883,933                       12/14/99
6,001,232                       08/707,794                       12/14/99
6,001,237                       08/982,892                       12/14/99
6,001,238                       08/941,045                       12/14/99
6,001,239                       09/164,405                       12/14/99
6,001,241                       09/131,448                       12/14/99
6,001,250                       08/928,938                       12/14/99
6,001,251                       09/179,151                       12/14/99
6,001,254                       08/930,803                       12/14/99
6,001,258                       08/952,453                       12/14/99
6,001,263                       09/209,056                       12/14/99
6,001,264                       09/015,808                       12/14/99
6,001,266                       09/083,571                       12/14/99
6,001,284                       08/688,876                       12/14/99
6,001,285                       08/907,144                       12/14/99
6,001,287                       09/097,595                       12/14/99
6,001,288                       08/997,825                       12/14/99
6,001,291                       08/791,236                       12/14/99
6,001,296                       08/824,943                       12/14/99
6,001,299                       08/910,879                       12/14/99
6,001,301                       08/648,652                       12/14/99
6,001,318                       08/996,215                       12/14/99
6,001,319                       08/821,642                       12/14/99
6,001,323                       09/139,204                       12/14/99
6,001,330                       08/928,246                       12/14/99
6,001,333                       08/928,331                       12/14/99
6,001,338                       08/930,835                       12/14/99
6,001,350                       08/488,420                       12/14/99
6,001,351                       08/896,498                       12/14/99
6,001,355                       07/890,335                       12/14/99
6,001,357                       09/143,467                       12/14/99
6,001,358                       08/554,840                       12/14/99
6,001,364                       08/105,904                       12/14/99
6,001,382                       08/674,813                       12/14/99
6,001,387                       08/886,266                       12/14/99
6,001,395                       08/983,156                       12/14/99
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 270 

6,001,397                       08/997,277                       12/14/99
6,001,399                       08/820,585                       12/14/99
6,001,403                       09/091,705                       12/14/99
6,001,412                       08/734,424                       12/14/99
6,001,416                       09/189,932                       12/14/99
6,001,421                       08/984,141                       12/14/99
6,001,422                       09/058,162                       12/14/99
6,001,430                       09/166,896                       12/14/99
6,001,437                       08/895,918                       12/14/99
6,001,444                       08/989,643                       12/14/99
6,001,446                       08/884,266                       12/14/99
6,001,447                       09/004,318                       12/14/99
6,001,456                       08/979,615                       12/14/99
6,001,457                       08/963,088                       12/14/99
6,001,459                       08/259,891                       12/14/99
6,001,468                       08/992,380                       12/14/99
6,001,469                       08/623,446                       12/14/99
6,001,470                       08/979,856                       12/14/99
6,001,473                       09/309,237                       12/14/99
6,001,479                       08/656,873                       12/14/99
6,001,484                       09/005,328                       12/14/99
6,001,485                       08/970,671                       12/14/99
6,001,498                       08/949,934                       12/14/99
6,001,513                       09/097,801                       12/14/99
6,001,517                       08/960,320                       12/14/99
6,001,531                       09/188,042                       12/14/99
6,001,532                       08/936,905                       12/14/99
6,001,534                       09/050,071                       12/14/99
6,001,543                       09/128,421                       12/14/99
6,001,544                       09/162,162                       12/14/99
6,001,551                       08/342,025                       12/14/99
6,001,555                       08/379,420                       12/14/99
6,001,556                       08/592,724                       12/14/99
6,001,561                       08/437,347                       12/14/99
6,001,572                       08/899,786                       12/14/99
6,001,577                       09/093,293                       12/14/99
6,001,581                       08/367,264                       12/14/99
6,001,583                       08/472,595                       12/14/99
6,001,584                       09/150,201                       12/14/99
6,001,589                       08/489,072                       12/14/99
6,001,597                       09/211,631                       12/14/99
6,001,600                       08/771,098                       12/14/99
6,001,601                       08/844,059                       12/14/99
6,001,603                       08/906,136                       12/14/99
6,001,615                       08/981,731                       12/14/99
6,001,623                       09/126,646                       12/14/99
6,001,625                       08/446,100                       12/14/99
6,001,627                       08/526,521                       12/14/99
6,001,636                       09/107,755                       12/14/99
6,001,647                       08/547,746                       12/14/99
6,001,648                       08/574,396                       12/14/99
6,001,654                       08/846,028                       12/14/99
6,001,657                       08/729,598                       12/14/99
6,001,659                       08/437,342                       12/14/99
6,001,661                       09/055,206                       12/14/99
6,001,670                       08/959,384                       12/14/99
6,001,677                       09/065,334                       12/14/99
6,001,679                       09/010,853                       12/14/99
6,001,682                       09/059,319                       12/14/99
6,001,692                       08/926,027                       12/14/99
6,001,702                       09/014,934                       12/14/99
6,001,707                       09/241,760                       12/14/99
6,001,708                       09/164,288                       12/14/99
6,001,714                       08/938,314                       12/14/99
6,001,718                       08/941,253                       12/14/99
6,001,722                       08/879,379                       12/14/99
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 271 

6,001,726                       08/822,670                       12/14/99
6,001,729                       09/134,372                       12/14/99
6,001,742                       09/074,639                       12/14/99
6,001,759                       09/144,116                       12/14/99
6,001,761                       08/858,561                       12/14/99
6,001,762                       09/018,822                       12/14/99
6,001,767                       08/905,593                       12/14/99
6,001,768                       08/627,221                       12/14/99
6,001,769                       08/937,938                       12/14/99
6,001,775                       09/235,184                       12/14/99
6,001,778                       09/229,396                       12/14/99
6,001,783                       08/823,467                       12/14/99
6,001,786                       08/877,533                       12/14/99
6,001,790                       08/992,156                       12/14/99
6,001,792                       08/090,073                       12/14/99
6,001,794                       08/981,950                       12/14/99
6,001,798                       09/029,247                       12/14/99
6,001,801                       09/006,348                       12/14/99
6,001,803                       08/325,240                       12/14/99
6,001,813                       09/090,046                       12/14/99
6,001,820                       08/870,528                       12/14/99
6,001,823                       08/462,436                       12/14/99
6,001,828                       08/956,277                       12/14/99
6,001,842                       09/004,938                       12/14/99
6,001,846                       09/024,986                       12/14/99
6,001,851                       09/041,391                       12/14/99
6,001,853                       09/117,068                       12/14/99
6,001,854                       08/865,919                       12/14/99
6,001,855                       09/218,200                       12/14/99
6,001,867                       09/307,921                       12/14/99
6,001,870                       08/940,730                       12/14/99
6,001,892                       08/999,685                       12/14/99
6,001,898                       09/036,704                       12/14/99
6,001,911                       08/860,445                       12/14/99
6,001,917                       09/109,967                       12/14/99
6,001,920                       09/008,860                       12/14/99
6,001,922                       08/911,702                       12/14/99
6,001,928                       09/027,157                       12/14/99
6,001,933                       08/991,536                       12/14/99
6,001,946                       08/933,122                       12/14/99
6,001,947                       08/973,060                       12/14/99
6,001,949                       08/571,736                       12/14/99
6,001,958                       08/557,168                       12/14/99
6,001,962                       08/751,512                       12/14/99
6,001,972                       09/178,637                       12/14/99
6,001,979                       08/774,299                       12/14/99
6,001,986                       08/916,443                       12/14/99
6,001,988                       08/472,256                       12/14/99
6,001,989                       08/218,656                       12/14/99
6,001,990                       08/474,700                       12/14/99
6,002,001                       08/969,344                       12/14/99
6,002,002                       08/914,115                       12/14/99
6,002,005                       09/072,469                       12/14/99
6,002,019                       08/975,269                       12/14/99
6,002,021                       09/106,278                       12/14/99
6,002,025                       09/256,920                       12/14/99
6,002,034                       09/172,367                       12/14/99
6,002,043                       08/971,406                       12/14/99
6,002,051                       07/962,382                       12/14/99
6,002,053                       09/156,988                       12/14/99
6,002,061                       08/714,028                       12/14/99
6,002,065                       08/820,126                       12/14/99
6,002,075                       09/287,694                       12/14/99
6,002,079                       09/005,270                       12/14/99
6,002,083                       08/970,373                       12/14/99
6,002,087                       09/154,509                       12/14/99
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 272 

6,002,088                       09/231,457                       12/14/99
6,002,092                       09/081,584                       12/14/99
6,002,095                       08/646,186                       12/14/99
6,002,098                       08/875,676                       12/14/99
6,002,100                       09/089,800                       12/14/99
6,002,102                       08/806,094                       12/14/99
6,002,116                       09/305,307                       12/14/99
6,002,117                       09/038,359                       12/14/99
6,002,119                       09/013,289                       12/14/99
6,002,126                       08/964,294                       12/14/99
6,002,130                       09/015,322                       12/14/99
6,002,134                       08/955,474                       12/14/99
6,002,139                       08/977,833                       12/14/99
6,002,145                       09/028,375                       12/14/99
6,002,146                       08/818,738                       12/14/99
6,002,148                       08/497,569                       12/14/99
6,002,149                       08/554,546                       12/14/99
6,002,153                       08/760,806                       12/14/99
6,002,156                       08/931,594                       12/14/99
6,002,161                       08/756,536                       12/14/99
6,002,181                       08/551,917                       12/14/99
6,002,185                       09/200,859                       12/14/99
6,002,189                       09/103,302                       12/14/99
6,002,191                       09/102,123                       12/14/99
6,002,200                       09/007,553                       12/14/99
6,002,202                       08/684,166                       12/14/99
6,002,203                       08/863,889                       12/14/99
6,002,209                       08/922,759                       12/14/99
6,002,215                       09/079,194                       12/14/99
6,002,216                       09/105,325                       12/14/99
6,002,229                       08/784,136                       12/14/99
6,002,231                       08/909,916                       12/14/99
6,002,255                       08/974,477                       12/14/99
6,002,258                       09/059,456                       12/14/99
6,002,259                       09/008,969                       12/14/99
6,002,266                       08/448,290                       12/14/99
6,002,270                       08/723,272                       12/14/99
6,002,290                       08/997,270                       12/14/99
6,002,298                       09/096,412                       12/14/99
6,002,300                       09/138,047                       12/14/99
6,002,301                       08/970,645                       12/14/99
6,002,303                       09/027,270                       12/14/99
6,002,317                       09/059,451                       12/14/99
6,002,335                       09/026,251                       12/14/99
6,002,337                       09/016,554                       12/14/99
6,002,338                       08/929,514                       12/14/99
6,002,352                       08/881,690                       12/14/99
6,002,353                       08/978,724                       12/14/99
6,002,354                       09/166,571                       12/14/99
6,002,360                       08/813,127                       12/14/99
6,002,362                       09/062,976                       12/14/99
6,002,366                       08/727,703                       12/14/99
6,002,368                       08/896,317                       12/14/99
6,002,369                       08/977,322                       12/14/99
6,002,384                       08/671,514                       12/14/99
6,002,395                       08/742,004                       12/14/99
6,002,413                       08/996,481                       12/14/99
6,002,418                       09/060,819                       12/14/99
6,002,419                       08/785,101                       12/14/99
6,002,430                       08/863,584                       12/14/99
6,002,434                       08/783,214                       12/14/99
6,002,437                       08/893,063                       12/14/99
6,002,443                       08/742,983                       12/14/99
6,002,451                       09/215,168                       12/14/99
6,002,471                       08/964,295                       12/14/99
6,002,475                       09/014,558                       12/14/99
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 273 

6,002,491                       08/881,260                       12/14/99
6,002,496                       09/013,816                       12/14/99
6,002,500                       08/855,643                       12/14/99
6,002,501                       08/885,972                       12/14/99
6,002,509                       08/817,618                       12/14/99
6,002,510                       09/061,170                       12/14/99
6,002,518                       09/042,970                       12/14/99
6,002,520                       08/843,101                       12/14/99
6,002,524                       08/939,842                       12/14/99
6,002,533                       09/121,986                       12/14/99
6,002,537                       08/823,251                       12/14/99
6,002,542                       08/904,599                       12/14/99
6,002,549                       08/866,984                       12/14/99
6,002,550                       08/896,435                       12/14/99
6,002,553                       08/202,991                       12/14/99
6,002,556                       09/009,326                       12/14/99
6,002,558                       08/696,294                       12/14/99
6,002,564                       08/982,429                       12/14/99
6,002,565                       09/033,454                       12/14/99
6,002,566                       09/116,224                       12/14/99
6,002,569                       09/106,520                       12/14/99
6,002,571                       09/176,583                       12/14/99
6,002,572                       09/046,536                       12/14/99
6,002,583                       09/016,687                       12/14/99
6,002,586                       09/172,736                       12/14/99
6,002,588                       08/984,813                       12/14/99
6,002,601                       09/114,556                       12/14/99
6,002,605                       09/030,856                       12/14/99
6,002,606                       09/203,121                       12/14/99
6,002,609                       09/111,484                       12/14/99
6,002,614                       08/975,919                       12/14/99
6,002,618                       09/190,040                       12/14/99
6,002,620                       09/005,098                       12/14/99
6,002,628                       09/170,816                       12/14/99
6,002,631                       08/982,534                       12/14/99
6,002,640                       09/075,968                       12/14/99
6,002,644                       09/063,019                       12/14/99
6,002,653                       09/034,200                       12/14/99
6,002,659                       08/891,219                       12/14/99
6,002,661                       08/991,660                       12/14/99
6,002,662                       08/875,104                       12/14/99
6,002,664                       08/806,507                       12/14/99
6,002,666                       08/888,692                       12/14/99
6,002,686                       08/736,044                       12/14/99
6,002,697                       09/139,214                       12/14/99
6,002,701                       08/771,150                       12/14/99
6,002,703                       09/015,488                       12/14/99
6,002,704                       09/008,333                       12/14/99
6,002,706                       09/001,231                       12/14/99
6,002,719                       08/577,797                       12/14/99
6,002,720                       08/630,590                       12/14/99
6,002,727                       08/951,539                       12/14/99
6,002,730                       08/744,458                       12/14/99
6,002,734                       08/898,139                       12/14/99
6,002,739                       09/067,663                       12/14/99
6,002,752                       08/786,137                       12/14/99
6,002,755                       09/021,111                       12/14/99
6,002,756                       08/844,424                       12/14/99
6,002,758                       08/631,387                       12/14/99
6,002,761                       08/277,907                       12/14/99
6,002,762                       08/722,709                       12/14/99
6,002,765                       08/988,503                       12/14/99
6,002,773                       09/220,227                       12/14/99
6,002,783                       08/998,277                       12/14/99
6,002,791                       08/907,736                       12/14/99
6,002,799                       08/377,298                       12/14/99
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 274 

6,002,802                       08/736,240                       12/14/99
6,002,807                       08/583,923                       12/14/99
6,002,816                       08/977,494                       12/14/99
6,002,822                       09/088,512                       12/14/99
6,002,825                       08/983,095                       12/14/99
6,002,836                       08/710,974                       12/14/99
6,002,856                       09/203,618                       12/14/99
6,002,862                       08/540,625                       12/14/99
6,002,868                       08/775,778                       12/14/99
6,002,878                       08/886,505                       12/14/99
6,002,881                       08/932,053                       12/14/99
6,002,891                       09/115,512                       12/14/99
6,002,901                       09/110,029                       12/14/99
6,002,904                       08/976,249                       12/14/99
6,002,919                       08/875,041                       12/14/99
6,002,920                       09/081,155                       12/14/99
6,002,924                       08/778,381                       12/14/99
6,002,926                       08/936,650                       12/14/99
6,002,928                       08/812,166                       12/14/99
6,002,931                       08/689,662                       12/14/99
6,002,935                       08/862,095                       12/14/99
6,002,938                       08/720,312                       12/14/99
6,002,946                       08/843,198                       12/14/99
6,002,950                       08/958,678                       12/14/99
6,002,962                       09/059,819                       12/14/99
6,002,967                       08/824,563                       12/14/99
6,002,969                       09/129,400                       12/14/99
6,002,972                       09/055,834                       12/14/99
6,002,986                       07/792,404                       12/14/99
6,002,987                       08/824,467                       12/14/99
6,002,990                       08/951,934                       12/14/99
6,003,054                       09/025,258                       12/14/99
6,003,055                       08/865,807                       12/14/99
6,003,058                       08/924,288                       12/14/99
6,003,063                       08/654,515                       12/14/99
6,003,064                       08/603,913                       12/14/99
6,003,067                       08/880,539                       12/14/99
6,003,068                       08/800,673                       12/14/99
6,003,086                       08/863,572                       12/14/99
6,003,087                       08/939,724                       12/14/99
6,003,096                       08/950,100                       12/14/99
6,003,104                       09/002,014                       12/14/99
6,003,105                       08/963,536                       12/14/99
6,003,124                       08/436,769                       12/14/99
6,003,134                       09/000,872                       12/14/99
6,003,140                       08/913,406                       12/14/99
6,003,142                       08/988,475                       12/14/99
6,003,143                       08/807,347                       12/14/99
6,003,147                       09/109,968                       12/14/99
6,003,152                       08/885,107                       12/14/99

                   PATENTS WHICH EXPIRED ON December 9, 2011
                    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent                          Application                         Issue
Number                             Number                            Date

6,658,673                       10/304,309                       12/09/03
6,658,683                       09/804,750                       12/09/03
6,658,687                       09/588,874                       12/09/03
6,658,689                       09/877,702                       12/09/03
6,658,694                       10/104,231                       12/09/03
6,658,696                       10/043,966                       12/09/03
6,658,697                       10/066,588                       12/09/03
6,658,699                       10/040,626                       12/09/03
6,658,700                       10/053,008                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 275 

6,658,702                       10/217,173                       12/09/03
6,658,705                       10/278,381                       12/09/03
6,658,710                       09/888,742                       12/09/03
6,658,714                       09/975,489                       12/09/03
6,658,716                       10/106,676                       12/09/03
6,658,724                       10/329,715                       12/09/03
6,658,725                       09/567,715                       12/09/03
6,658,737                       09/843,626                       12/09/03
6,658,741                       10/142,539                       12/09/03
6,658,743                       10/141,955                       12/09/03
6,658,744                       10/071,614                       12/09/03
6,658,745                       10/187,297                       12/09/03
6,658,750                       10/190,794                       12/09/03
6,658,752                       09/940,302                       12/09/03
6,658,753                       10/036,419                       12/09/03
6,658,755                       10/025,482                       12/09/03
6,658,758                       09/852,021                       12/09/03
6,658,769                       10/040,043                       12/09/03
6,658,776                       09/782,430                       12/09/03
6,658,777                       10/226,624                       12/09/03
6,658,778                       10/248,764                       12/09/03
6,658,779                       10/150,177                       12/09/03
6,658,780                       10/214,916                       12/09/03
6,658,784                       10/156,614                       12/09/03
6,658,785                       10/162,286                       12/09/03
6,658,792                       10/342,820                       12/09/03
6,658,794                       09/511,464                       12/09/03
6,658,795                       10/085,235                       12/09/03
6,658,796                       10/120,990                       12/09/03
6,658,809                       09/865,531                       12/09/03
6,658,813                       10/150,669                       12/09/03
6,658,818                       10/062,610                       12/09/03
6,658,826                       09/898,025                       12/09/03
6,658,830                       09/970,067                       12/09/03
6,658,840                       10/120,829                       12/09/03
6,658,841                       10/042,105                       12/09/03
6,658,842                       10/080,557                       12/09/03
6,658,859                       10/383,452                       12/09/03
6,658,861                       10/314,018                       12/09/03
6,658,864                       10/173,057                       12/09/03
6,658,866                       10/074,815                       12/09/03
6,658,872                       10/147,542                       12/09/03
6,658,881                       09/992,975                       12/09/03
6,658,885                       10/262,732                       12/09/03
6,658,895                       09/931,529                       12/09/03
6,658,896                       10/052,196                       12/09/03
6,658,899                       10/220,044                       12/09/03
6,658,902                       10/356,069                       12/09/03
6,658,905                       10/197,424                       12/09/03
6,658,908                       10/223,753                       12/09/03
6,658,919                       10/221,460                       12/09/03
6,658,921                       10/104,971                       12/09/03
6,658,926                       10/245,600                       12/09/03
6,658,932                       09/927,013                       12/09/03
6,658,935                       09/987,730                       12/09/03
6,658,939                       09/768,651                       12/09/03
6,658,940                       09/987,480                       12/09/03
6,658,951                       10/074,588                       12/09/03
6,658,952                       10/087,666                       12/09/03
6,658,961                       10/027,483                       12/09/03
6,658,963                       09/842,940                       12/09/03
6,658,964                       09/973,909                       12/09/03
6,658,974                       09/950,990                       12/09/03
6,658,976                       09/771,775                       12/09/03
6,658,978                       09/418,565                       12/09/03
6,658,979                       09/744,657                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 276 

6,658,982                       10/103,574                       12/09/03
6,658,984                       10/193,147                       12/09/03
6,658,987                       09/926,569                       12/09/03
6,658,988                       09/979,463                       12/09/03
6,658,991                       09/759,399                       12/09/03
6,658,995                       10/403,434                       12/09/03
6,659,000                       10/129,369                       12/09/03
6,659,004                       09/906,174                       12/09/03
6,659,007                       09/974,636                       12/09/03
6,659,009                       10/208,824                       12/09/03
6,659,010                       10/145,397                       12/09/03
6,659,022                       10/144,309                       12/09/03
6,659,027                       10/206,422                       12/09/03
6,659,032                       10/272,260                       12/09/03
6,659,037                       10/241,867                       12/09/03
6,659,040                       10/147,625                       12/09/03
6,659,042                       09/878,725                       12/09/03
6,659,045                       10/271,584                       12/09/03
6,659,046                       10/281,245                       12/09/03
6,659,049                       10/081,666                       12/09/03
6,659,050                       10/092,334                       12/09/03
6,659,057                       10/167,143                       12/09/03
6,659,059                       09/717,597                       12/09/03
6,659,067                       10/246,973                       12/09/03
6,659,069                       09/791,893                       12/09/03
6,659,072                       10/026,076                       12/09/03
6,659,075                       09/936,573                       12/09/03
6,659,084                       10/030,707                       12/09/03
6,659,085                       10/115,006                       12/09/03
6,659,090                       10/043,412                       12/09/03
6,659,092                       10/028,633                       12/09/03
6,659,096                       10/052,483                       12/09/03
6,659,099                       10/195,435                       12/09/03
6,659,100                       10/302,384                       12/09/03
6,659,102                       10/205,249                       12/09/03
6,659,107                       10/099,755                       12/09/03
6,659,109                       10/003,444                       12/09/03
6,659,112                       10/197,324                       12/09/03
6,659,116                       10/319,758                       12/09/03
6,659,121                       10/069,998                       12/09/03
6,659,122                       10/238,163                       12/09/03
6,659,126                       09/964,176                       12/09/03
6,659,132                       09/812,239                       12/09/03
6,659,137                       09/881,571                       12/09/03
6,659,145                       10/051,076                       12/09/03
6,659,149                       10/161,302                       12/09/03
6,659,151                       09/971,809                       12/09/03
6,659,155                       10/118,520                       12/09/03
6,659,158                       09/446,246                       12/09/03
6,659,162                       10/060,589                       12/09/03
6,659,169                       09/890,776                       12/09/03
6,659,188                       10/061,912                       12/09/03
6,659,189                       10/081,572                       12/09/03
6,659,191                       09/890,887                       12/09/03
6,659,193                       10/185,692                       12/09/03
6,659,201                       09/881,652                       12/09/03
6,659,212                       09/849,251                       12/09/03
6,659,214                       10/186,130                       12/09/03
6,659,215                       09/763,966                       12/09/03
6,659,216                       10/122,396                       12/09/03
6,659,218                       10/100,964                       12/09/03
6,659,226                       09/922,761                       12/09/03
6,659,230                       09/889,028                       12/09/03
6,659,231                       10/095,839                       12/09/03
6,659,234                       10/287,267                       12/09/03
6,659,246                       10/120,110                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 277 

6,659,250                       10/036,706                       12/09/03
6,659,253                       10/016,591                       12/09/03
6,659,254                       10/078,073                       12/09/03
6,659,257                       10/156,024                       12/09/03
6,659,262                       09/752,720                       12/09/03
6,659,263                       09/820,653                       12/09/03
6,659,269                       09/626,586                       12/09/03
6,659,274                       10/023,042                       12/09/03
6,659,279                       10/102,529                       12/09/03
6,659,285                       10/035,984                       12/09/03
6,659,286                       09/972,837                       12/09/03
6,659,288                       09/858,391                       12/09/03
6,659,293                       09/346,785                       12/09/03
6,659,313                       10/205,875                       12/09/03
6,659,320                       09/858,524                       12/09/03
6,659,321                       09/791,909                       12/09/03
6,659,322                       09/980,501                       12/09/03
6,659,330                       10/084,416                       12/09/03
6,659,331                       10/086,003                       12/09/03
6,659,336                       09/819,471                       12/09/03
6,659,356                       10/145,654                       12/09/03
6,659,357                       10/181,995                       12/09/03
6,659,360                       10/065,855                       12/09/03
6,659,361                       10/376,528                       12/09/03
6,659,362                       10/095,719                       12/09/03
6,659,363                       10/263,557                       12/09/03
6,659,368                       09/952,411                       12/09/03
6,659,380                       10/197,829                       12/09/03
6,659,381                       09/701,784                       12/09/03
6,659,383                       10/135,565                       12/09/03
6,659,393                       09/980,948                       12/09/03
6,659,398                       09/943,654                       12/09/03
6,659,399                       10/303,472                       12/09/03
6,659,403                       10/200,456                       12/09/03
6,659,406                       10/270,548                       12/09/03
6,659,407                       10/095,826                       12/09/03
6,659,410                       10/252,704                       12/09/03
6,659,412                       10/102,370                       12/09/03
6,659,413                       10/309,314                       12/09/03
6,659,414                       09/663,178                       12/09/03
6,659,415                       10/079,105                       12/09/03
6,659,420                       10/101,587                       12/09/03
6,659,421                       09/623,282                       12/09/03
6,659,422                       10/174,326                       12/09/03
6,659,423                       10/019,503                       12/09/03
6,659,424                       10/068,206                       12/09/03
6,659,434                       10/044,617                       12/09/03
6,659,446                       09/944,514                       12/09/03
6,659,452                       10/132,230                       12/09/03
6,659,456                       10/053,971                       12/09/03
6,659,465                       10/120,997                       12/09/03
6,659,467                       10/000,286                       12/09/03
6,659,469                       10/360,663                       12/09/03
6,659,470                       10/041,380                       12/09/03
6,659,475                       09/800,072                       12/09/03
6,659,481                       10/012,781                       12/09/03
6,659,482                       10/038,226                       12/09/03
6,659,485                       10/072,945                       12/09/03
6,659,489                       09/984,008                       12/09/03
6,659,491                       09/778,414                       12/09/03
6,659,492                       09/999,485                       12/09/03
6,659,494                       09/774,231                       12/09/03
6,659,495                       09/990,501                       12/09/03
6,659,497                       10/152,237                       12/09/03
6,659,502                       10/094,556                       12/09/03
6,659,506                       09/684,429                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 278 

6,659,514                       09/848,908                       12/09/03
6,659,517                       09/868,186                       12/09/03
6,659,519                       10/112,550                       12/09/03
6,659,526                       10/156,311                       12/09/03
6,659,527                       10/246,139                       12/09/03
6,659,528                       10/246,159                       12/09/03
6,659,529                       10/081,175                       12/09/03
6,659,532                       10/236,974                       12/09/03
6,659,533                       10/237,919                       12/09/03
6,659,534                       09/930,739                       12/09/03
6,659,536                       10/354,871                       12/09/03
6,659,546                       10/096,882                       12/09/03
6,659,550                       10/233,600                       12/09/03
6,659,551                       10/256,750                       12/09/03
6,659,557                       10/075,923                       12/09/03
6,659,558                       10/123,209                       12/09/03
6,659,560                       10/340,742                       12/09/03
6,659,571                       10/078,304                       12/09/03
6,659,576                       10/120,061                       12/09/03
6,659,584                       09/215,186                       12/09/03
6,659,588                       10/222,875                       12/09/03
6,659,592                       09/932,123                       12/09/03
6,659,594                       10/164,399                       12/09/03
6,659,597                       10/162,872                       12/09/03
6,659,598                       09/828,606                       12/09/03
6,659,604                       10/008,777                       12/09/03
6,659,607                       10/056,545                       12/09/03
6,659,628                       09/951,779                       12/09/03
6,659,635                       10/299,771                       12/09/03
6,659,640                       09/844,743                       12/09/03
6,659,641                       09/968,993                       12/09/03
6,659,644                       10/051,896                       12/09/03
6,659,648                       10/164,894                       12/09/03
6,659,654                       10/075,358                       12/09/03
6,659,664                       09/995,354                       12/09/03
6,659,675                       10/266,014                       12/09/03
6,659,683                       09/486,421                       12/09/03
6,659,684                       09/856,705                       12/09/03
6,659,685                       09/487,871                       12/09/03
6,659,686                       10/314,099                       12/09/03
6,659,693                       10/154,181                       12/09/03
6,659,696                       09/996,712                       12/09/03
6,659,697                       10/146,559                       12/09/03
6,659,702                       09/809,209                       12/09/03
6,659,706                       09/824,011                       12/09/03
6,659,710                       10/102,107                       12/09/03
6,659,717                       10/192,646                       12/09/03
6,659,720                       10/198,157                       12/09/03
6,659,727                       09/947,278                       12/09/03
6,659,732                       10/040,045                       12/09/03
6,659,735                       10/059,832                       12/09/03
6,659,736                       09/921,985                       12/09/03
6,659,737                       09/777,391                       12/09/03
6,659,738                       10/074,242                       12/09/03
6,659,741                       09/967,580                       12/09/03
6,659,744                       09/836,396                       12/09/03
6,659,748                       10/019,796                       12/09/03
6,659,754                       10/118,182                       12/09/03
6,659,755                       09/173,754                       12/09/03
6,659,763                       10/021,211                       12/09/03
6,659,765                       10/321,639                       12/09/03
6,659,766                       09/952,576                       12/09/03
6,659,767                       09/952,724                       12/09/03
6,659,774                       10/152,600                       12/09/03
6,659,775                       10/078,040                       12/09/03
6,659,776                       09/749,321                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 279 

6,659,784                       09/857,101                       12/09/03
6,659,789                       10/191,750                       12/09/03
6,659,790                       10/245,188                       12/09/03
6,659,796                       10/177,511                       12/09/03
6,659,799                       10/083,107                       12/09/03
6,659,800                       10/216,360                       12/09/03
6,659,801                       10/113,126                       12/09/03
6,659,802                       10/331,760                       12/09/03
6,659,803                       10/200,744                       12/09/03
6,659,804                       10/113,128                       12/09/03
6,659,810                       10/159,983                       12/09/03
6,659,818                       10/074,894                       12/09/03
6,659,821                       10/216,924                       12/09/03
6,659,829                       10/043,354                       12/09/03
6,659,835                       10/410,427                       12/09/03
6,659,839                       10/139,249                       12/09/03
6,659,843                       10/075,109                       12/09/03
6,659,849                       09/705,965                       12/09/03
6,659,852                       10/212,916                       12/09/03
6,659,858                       10/045,012                       12/09/03
6,659,861                       09/579,222                       12/09/03
6,659,865                       09/582,559                       12/09/03
6,659,870                       10/367,209                       12/09/03
6,659,871                       10/194,807                       12/09/03
6,659,877                       10/021,222                       12/09/03
6,659,879                       09/976,737                       12/09/03
6,659,882                       09/797,357                       12/09/03
6,659,891                       09/781,185                       12/09/03
6,659,892                       10/036,017                       12/09/03
6,659,897                       09/972,134                       12/09/03
6,659,901                       09/821,688                       12/09/03
6,659,906                       10/114,208                       12/09/03
6,659,907                       09/940,875                       12/09/03
6,659,913                       10/032,993                       12/09/03
6,659,914                       10/033,344                       12/09/03
6,659,915                       09/733,993                       12/09/03
6,659,917                       10/140,964                       12/09/03
6,659,920                       09/338,306                       12/09/03
6,659,930                       10/197,648                       12/09/03
6,659,944                       10/077,693                       12/09/03
6,659,950                       09/835,305                       12/09/03
6,659,952                       10/139,918                       12/09/03
6,659,960                       10/126,298                       12/09/03
6,659,963                       10/056,811                       12/09/03
6,659,966                       10/002,325                       12/09/03
6,659,972                       09/776,526                       12/09/03
6,659,979                       09/970,289                       12/09/03
6,659,996                       09/405,933                       12/09/03
6,659,997                       09/699,010                       12/09/03
6,659,999                       09/587,156                       12/09/03
6,660,001                       09/765,968                       12/09/03
6,660,009                       10/144,707                       12/09/03
6,660,011                       10/245,116                       12/09/03
6,660,018                       09/846,139                       12/09/03
6,660,025                       09/960,443                       12/09/03
6,660,046                       09/889,502                       12/09/03
6,660,047                       10/138,199                       12/09/03
6,660,049                       08/741,456                       12/09/03
6,660,060                       10/045,932                       12/09/03
6,660,070                       09/998,146                       12/09/03
6,660,074                       09/714,069                       12/09/03
6,660,077                       09/902,045                       12/09/03
6,660,079                       10/085,293                       12/09/03
6,660,087                       10/305,578                       12/09/03
6,660,091                       10/092,301                       12/09/03
6,660,093                       09/863,383                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 280 

6,660,096                       09/735,627                       12/09/03
6,660,099                       10/091,891                       12/09/03
6,660,110                       10/118,625                       12/09/03
6,660,123                       10/047,399                       12/09/03
6,660,127                       10/075,223                       12/09/03
6,660,132                       09/673,268                       12/09/03
6,660,146                       09/788,458                       12/09/03
6,660,149                       09/530,118                       12/09/03
6,660,150                       09/834,462                       12/09/03
6,660,156                       10/123,567                       12/09/03
6,660,165                       09/702,978                       12/09/03
6,660,170                       10/290,430                       12/09/03
6,660,173                       10/153,195                       12/09/03
6,660,174                       09/960,891                       12/09/03
6,660,193                       09/970,141                       12/09/03
6,660,194                       09/705,754                       12/09/03
6,660,198                       09/664,624                       12/09/03
6,660,216                       09/857,886                       12/09/03
6,660,219                       09/980,245                       12/09/03
6,660,234                       10/150,290                       12/09/03
6,660,235                       09/518,469                       12/09/03
6,660,238                       10/316,863                       12/09/03
6,660,239                       10/045,298                       12/09/03
6,660,244                       09/810,621                       12/09/03
6,660,251                       09/890,294                       12/09/03
6,660,258                       09/169,844                       12/09/03
6,660,263                       09/858,871                       12/09/03
6,660,265                       09/688,492                       12/09/03
6,660,266                       09/692,586                       12/09/03
6,660,267                       08/304,602                       12/09/03
6,660,269                       09/811,007                       12/09/03
6,660,279                       10/347,046                       12/09/03
6,660,284                       10/118,453                       12/09/03
6,660,286                       09/317,499                       12/09/03
6,660,288                       09/806,773                       12/09/03
6,660,289                       10/030,764                       12/09/03
6,660,298                       09/626,941                       12/09/03
6,660,304                       10/080,721                       12/09/03
6,660,306                       10/125,165                       12/09/03
6,660,307                       09/835,686                       12/09/03
6,660,309                       09/954,723                       12/09/03
6,660,310                       09/860,240                       12/09/03
6,660,317                       09/762,415                       12/09/03
6,660,318                       10/049,748                       12/09/03
6,660,323                       10/134,742                       12/09/03
6,660,324                       10/123,765                       12/09/03
6,660,325                       10/032,857                       12/09/03
6,660,326                       09/912,426                       12/09/03
6,660,337                       10/145,148                       12/09/03
6,660,342                       09/636,222                       12/09/03
6,660,343                       09/966,772                       12/09/03
6,660,344                       09/969,700                       12/09/03
6,660,350                       09/493,907                       12/09/03
6,660,352                       09/757,941                       12/09/03
6,660,366                       09/127,139                       12/09/03
6,660,384                       09/850,735                       12/09/03
6,660,397                       10/080,228                       12/09/03
6,660,398                       09/581,685                       12/09/03
6,660,400                       09/618,146                       12/09/03
6,660,402                       10/242,432                       12/09/03
6,660,404                       09/844,403                       12/09/03
6,660,407                       10/031,748                       12/09/03
6,660,412                       09/809,546                       12/09/03
6,660,414                       09/299,805                       12/09/03
6,660,415                       09/837,748                       12/09/03
6,660,420                       09/660,291                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 281 

6,660,424                       09/763,263                       12/09/03
6,660,429                       10/051,789                       12/09/03
6,660,433                       09/734,568                       12/09/03
6,660,452                       10/085,257                       12/09/03
6,660,455                       09/812,688                       12/09/03
6,660,457                       09/831,892                       12/09/03
6,660,462                       09/543,560                       12/09/03
6,660,463                       10/243,866                       12/09/03
6,660,464                       09/596,464                       12/09/03
6,660,465                       10/157,066                       12/09/03
6,660,468                       09/413,958                       12/09/03
6,660,478                       09/959,433                       12/09/03
6,660,497                       09/696,115                       12/09/03
6,660,500                       09/755,836                       12/09/03
6,660,502                       09/873,253                       12/09/03
6,660,507                       09/934,903                       12/09/03
6,660,508                       10/187,108                       12/09/03
6,660,520                       09/092,218                       12/09/03
6,660,523                       09/954,905                       12/09/03
6,660,526                       10/029,542                       12/09/03
6,660,536                       10/080,383                       12/09/03
6,660,544                       10/287,526                       12/09/03
6,660,546                       10/342,361                       12/09/03
6,660,553                       10/232,416                       12/09/03
6,660,557                       09/818,638                       12/09/03
6,660,561                       10/202,185                       12/09/03
6,660,563                       10/159,150                       12/09/03
6,660,564                       10/057,368                       12/09/03
6,660,574                       08/171,769                       12/09/03
6,660,598                       10/084,550                       12/09/03
6,660,601                       09/938,527                       12/09/03
6,660,606                       09/963,449                       12/09/03
6,660,611                       10/010,842                       12/09/03
6,660,614                       09/849,127                       12/09/03
6,660,617                       09/899,175                       12/09/03
6,660,632                       10/037,176                       12/09/03
6,660,646                       09/668,250                       12/09/03
6,660,664                       09/541,091                       12/09/03
6,660,668                       09/468,322                       12/09/03
6,660,675                       09/941,502                       12/09/03
6,660,676                       10/073,977                       12/09/03
6,660,685                       09/509,949                       12/09/03
6,660,688                       09/867,557                       12/09/03
6,660,692                       10/018,395                       12/09/03
6,660,699                       09/967,280                       12/09/03
6,660,703                       10/321,734                       12/09/03
6,660,705                       10/049,547                       12/09/03
6,660,711                       09/980,799                       12/09/03
6,660,715                       09/443,716                       12/09/03
6,660,735                       10/164,816                       12/09/03
6,660,736                       10/387,950                       12/09/03
6,660,738                       09/906,983                       12/09/03
6,660,739                       09/857,748                       12/09/03
6,660,741                       10/102,593                       12/09/03
6,660,743                       09/890,344                       12/09/03
6,660,750                       09/784,633                       12/09/03
6,660,753                       10/076,618                       12/09/03
6,660,755                       10/212,386                       12/09/03
6,660,756                       10/096,218                       12/09/03
6,660,762                       10/146,607                       12/09/03
6,660,770                       09/876,502                       12/09/03
6,660,773                       10/094,050                       12/09/03
6,660,777                       09/942,188                       12/09/03
6,660,795                       09/804,919                       12/09/03
6,660,800                       10/272,729                       12/09/03
6,660,810                       09/674,375                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 282 

6,660,823                       09/709,783                       12/09/03
6,660,826                       10/031,099                       12/09/03
6,660,830                       09/155,165                       12/09/03
6,660,836                       09/579,112                       12/09/03
6,660,837                       08/685,852                       12/09/03
6,660,839                       09/314,844                       12/09/03
6,660,840                       09/398,169                       12/09/03
6,660,848                       10/117,087                       12/09/03
6,660,851                       09/807,897                       12/09/03
6,660,857                       10/210,878                       12/09/03
6,660,859                       10/022,043                       12/09/03
6,660,871                       10/062,641                       12/09/03
6,660,879                       10/039,868                       12/09/03
6,660,884                       10/387,460                       12/09/03
6,660,887                       10/327,765                       12/09/03
6,660,888                       09/978,691                       12/09/03
6,660,890                       10/018,365                       12/09/03
6,660,891                       09/853,032                       12/09/03
6,660,892                       10/360,302                       12/09/03
6,660,893                       09/874,786                       12/09/03
6,660,899                       09/783,705                       12/09/03
6,660,901                       10/082,937                       12/09/03
6,660,906                       09/522,775                       12/09/03
6,660,909                       09/644,907                       12/09/03
6,660,925                       09/872,394                       12/09/03
6,660,929                       10/052,025                       12/09/03
6,660,932                       10/161,930                       12/09/03
6,660,937                       10/289,653                       12/09/03
6,660,941                       10/080,313                       12/09/03
6,660,951                       10/270,566                       12/09/03
6,660,953                       10/073,779                       12/09/03
6,660,957                       09/958,649                       12/09/03
6,660,959                       10/301,053                       12/09/03
6,660,961                       10/058,166                       12/09/03
6,660,962                       10/208,227                       12/09/03
6,660,965                       10/149,777                       12/09/03
6,660,969                       10/202,493                       12/09/03
6,660,972                       09/959,462                       12/09/03
6,660,975                       10/223,226                       12/09/03
6,660,993                       09/987,110                       12/09/03
6,660,994                       09/963,948                       12/09/03
6,660,995                       09/888,799                       12/09/03
6,660,998                       09/625,007                       12/09/03
6,660,999                       09/965,900                       12/09/03
6,661,003                       10/224,637                       12/09/03
6,661,005                       09/830,998                       12/09/03
6,661,006                       09/888,776                       12/09/03
6,661,007                       09/696,255                       12/09/03
6,661,012                       09/726,782                       12/09/03
6,661,033                       10/331,924                       12/09/03
6,661,035                       09/989,456                       12/09/03
6,661,056                       10/168,243                       12/09/03
6,661,065                       09/781,157                       12/09/03
6,661,066                       09/401,849                       12/09/03
6,661,072                       10/158,870                       12/09/03
6,661,075                       10/053,985                       12/09/03
6,661,091                       10/298,927                       12/09/03
6,661,097                       10/287,155                       12/09/03
6,661,113                       09/944,043                       12/09/03
6,661,116                       10/009,569                       12/09/03
6,661,117                       10/104,027                       12/09/03
6,661,122                       10/020,142                       12/09/03
6,661,125                       09/926,430                       12/09/03
6,661,127                       10/028,117                       12/09/03
6,661,135                       09/834,595                       12/09/03
6,661,139                       09/720,845                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 283 

6,661,142                       10/038,072                       12/09/03
6,661,145                       09/937,802                       12/09/03
6,661,150                       10/154,336                       12/09/03
6,661,156                       09/830,767                       12/09/03
6,661,158                       10/021,435                       12/09/03
6,661,163                       10/137,327                       12/09/03
6,661,166                       10/163,146                       12/09/03
6,661,170                       10/212,728                       12/09/03
6,661,174                       09/969,903                       12/09/03
6,661,176                       10/014,127                       12/09/03
6,661,178                       09/723,221                       12/09/03
6,661,179                       10/227,346                       12/09/03
6,661,184                       10/245,359                       12/09/03
6,661,188                       10/351,220                       12/09/03
6,661,189                       09/982,970                       12/09/03
6,661,202                       10/209,913                       12/09/03
6,661,214                       09/964,741                       12/09/03
6,661,215                       10/135,380                       12/09/03
6,661,219                       09/948,225                       12/09/03
6,661,223                       10/041,282                       12/09/03
6,661,227                       10/177,459                       12/09/03
6,661,228                       09/746,412                       12/09/03
6,661,231                       09/856,467                       12/09/03
6,661,279                       10/101,729                       12/09/03
6,661,281                       09/995,639                       12/09/03
6,661,289                       10/176,063                       12/09/03
6,661,294                       10/122,307                       12/09/03
6,661,298                       10/153,427                       12/09/03
6,661,316                       10/308,612                       12/09/03
6,661,317                       10/099,221                       12/09/03
6,661,321                       10/232,939                       12/09/03
6,661,331                       10/165,659                       12/09/03
6,661,333                       09/412,685                       12/09/03
6,661,335                       09/406,092                       12/09/03
6,661,339                       10/134,049                       12/09/03
6,661,341                       09/985,801                       12/09/03
6,661,344                       09/813,753                       12/09/03
6,661,351                       09/618,257                       12/09/03
6,661,354                       10/150,571                       12/09/03
6,661,366                       09/882,348                       12/09/03
6,661,367                       10/063,048                       12/09/03
6,661,375                       10/076,088                       12/09/03
6,661,381                       10/136,288                       12/09/03
6,661,382                       09/961,324                       12/09/03
6,661,384                       10/167,417                       12/09/03
6,661,386                       10/108,349                       12/09/03
6,661,391                       10/048,062                       12/09/03
6,661,396                       09/840,750                       12/09/03
6,661,400                       09/177,571                       12/09/03
6,661,405                       09/574,499                       12/09/03
6,661,416                       09/745,582                       12/09/03
6,661,420                       09/847,409                       12/09/03
6,661,431                       09/686,359                       12/09/03
6,661,434                       09/548,696                       12/09/03
6,661,442                       10/315,063                       12/09/03
6,661,444                       10/134,488                       12/09/03
6,661,456                       09/303,190                       12/09/03
6,661,470                       09/381,637                       12/09/03
6,661,473                       09/631,570                       12/09/03
6,661,486                       09/039,303                       12/09/03
6,661,506                       09/934,151                       12/09/03
6,661,510                       09/743,511                       12/09/03
6,661,512                       10/076,316                       12/09/03
6,661,513                       09/991,038                       12/09/03
6,661,522                       09/893,636                       12/09/03
6,661,536                       08/648,386                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 284 

6,661,545                       09/318,994                       12/09/03
6,661,549                       09/443,083                       12/09/03
6,661,552                       10/234,090                       12/09/03
6,661,553                       10/216,780                       12/09/03
6,661,555                       10/166,393                       12/09/03
6,661,563                       09/771,688                       12/09/03
6,661,586                       09/960,518                       12/09/03
6,661,592                       10/327,577                       12/09/03
6,661,602                       09/950,328                       12/09/03
6,661,604                       09/884,309                       12/09/03
6,661,607                       10/040,531                       12/09/03
6,661,610                       09/580,544                       12/09/03
6,661,624                       09/667,136                       12/09/03
6,661,629                       09/839,281                       12/09/03
6,661,636                       10/100,578                       12/09/03
6,661,642                       10/268,433                       12/09/03
6,661,648                       09/898,647                       12/09/03
6,661,674                       09/915,682                       12/09/03
6,661,675                       10/048,262                       12/09/03
6,661,700                       10/118,125                       12/09/03
6,661,703                       10/157,927                       12/09/03
6,661,731                       09/962,159                       12/09/03
6,661,734                       10/193,223                       12/09/03
6,661,739                       10/161,993                       12/09/03
6,661,741                       10/165,922                       12/09/03
6,661,747                       09/938,062                       12/09/03
6,661,758                       10/117,110                       12/09/03
6,661,763                       10/318,240                       12/09/03
6,661,764                       09/870,997                       12/09/03
6,661,767                       10/248,705                       12/09/03
6,661,777                       09/280,675                       12/09/03
6,661,796                       09/467,759                       12/09/03
6,661,798                       08/956,586                       12/09/03
6,661,824                       09/784,016                       12/09/03
6,661,839                       09/194,220                       12/09/03
6,661,845                       09/602,316                       12/09/03
6,661,854                       09/749,543                       12/09/03
6,661,864                       09/929,119                       12/09/03
6,661,865                       09/790,142                       12/09/03
6,661,868                       10/123,756                       12/09/03
6,661,876                       10/208,646                       12/09/03
6,661,879                       09/711,280                       12/09/03
6,661,885                       09/472,041                       12/09/03
6,661,890                       09/528,141                       12/09/03
6,661,893                       09/376,541                       12/09/03
6,661,898                       10/067,830                       12/09/03
6,661,909                       09/912,117                       12/09/03
6,661,911                       09/584,713                       12/09/03
6,661,916                       09/731,837                       12/09/03
6,661,922                       09/598,530                       12/09/03
6,661,923                       09/403,719                       12/09/03
6,661,925                       09/533,283                       12/09/03
6,661,937                       09/945,163                       12/09/03
6,661,945                       09/855,056                       12/09/03
6,661,949                       09/795,781                       12/09/03
6,661,952                       09/849,806                       12/09/03
6,661,970                       10/283,282                       12/09/03
6,661,971                       10/106,987                       12/09/03
6,661,976                       09/477,816                       12/09/03
6,661,982                       10/160,172                       12/09/03
6,661,983                       10/028,445                       12/09/03
6,661,985                       10/086,726                       12/09/03
6,661,992                       10/270,052                       12/09/03
6,662,005                       09/544,668                       12/09/03
6,662,036                       10/208,283                       12/09/03
6,662,039                       09/336,026                       12/09/03
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 285 

6,662,057                       09/582,547                       12/09/03
6,662,062                       09/687,393                       12/09/03
6,662,065                       09/809,085                       12/09/03
6,662,069                       09/579,316                       12/09/03
6,662,072                       10/184,392                       12/09/03
6,662,075                       09/943,328                       12/09/03
6,662,081                       09/590,394                       12/09/03
6,662,083                       10/075,852                       12/09/03
6,662,084                       10/075,288                       12/09/03
6,662,090                       10/099,908                       12/09/03
6,662,093                       10/052,152                       12/09/03
6,662,095                       10/018,410                       12/09/03
6,662,097                       10/244,322                       12/09/03
6,662,130                       10/167,448                       12/09/03
6,662,131                       09/988,489                       12/09/03
6,662,141                       09/938,616                       12/09/03
6,662,142                       09/994,734                       12/09/03
6,662,144                       09/624,865                       12/09/03
6,662,151                       09/403,939                       12/09/03
6,662,152                       10/189,536                       12/09/03
6,662,162                       09/942,097                       12/09/03
6,662,164                       09/081,857                       12/09/03
6,662,167                       09/461,962                       12/09/03
6,662,176                       09/851,067                       12/09/03
6,662,180                       09/310,512                       12/09/03
6,662,182                       09/240,268                       12/09/03
6,662,184                       09/668,776                       12/09/03
6,662,207                       10/236,959                       12/09/03
6,662,283                       09/567,062                       12/09/03
6,662,284                       09/785,239                       12/09/03
6,662,291                       10/190,017                       12/09/03
6,662,295                       09/151,055                       12/09/03
6,662,313                       09/563,059                       12/09/03
6,662,325                       09/680,238                       12/09/03
6,662,328                       09/598,560                       12/09/03
6,662,351                       09/949,698                       12/09/03
6,662,353                       10/084,349                       12/09/03
6,662,359                       09/620,725                       12/09/03
6,662,361                       09/483,203                       12/09/03
6,662,362                       09/611,373                       12/09/03

                  PATENTS WHICH EXPIRED ON December 11, 2011
                    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent                          Application                         Issue
Number                             Number                            Date

7,305,716                       11/213,452                       12/11/07
7,305,717                       11/255,662                       12/11/07
7,305,720                       11/044,215                       12/11/07
7,305,723                       11/210,356                       12/11/07
7,305,741                       11/308,047                       12/11/07
7,305,749                       10/911,043                       12/11/07
7,305,758                       11/080,637                       12/11/07
7,305,782                       11/376,037                       12/11/07
7,305,783                       11/075,933                       12/11/07
7,305,791                       11/347,938                       12/11/07
7,305,793                       11/415,503                       12/11/07
7,305,800                       10/823,028                       12/11/07
7,305,802                       11/033,239                       12/11/07
7,305,803                       10/629,151                       12/11/07
7,305,804                       10/573,102                       12/11/07
7,305,809                       11/106,647                       12/11/07
7,305,812                       11/043,435                       12/11/07
7,305,834                       11/040,671                       12/11/07
7,305,835                       10/500,786                       12/11/07
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 286 

7,305,838                       11/098,950                       12/11/07
7,305,839                       10/880,807                       12/11/07
7,305,846                       10/551,428                       12/11/07
7,305,848                       11/243,577                       12/11/07
7,305,864                       10/595,531                       12/11/07
7,305,867                       11/369,249                       12/11/07
7,305,887                       11/474,815                       12/11/07
7,305,901                       10/499,494                       12/11/07
7,305,907                       11/451,837                       12/11/07
7,305,909                       11/406,102                       12/11/07
7,305,911                       10/968,267                       12/11/07
7,305,918                       10/920,711                       12/11/07
7,305,924                       10/960,323                       12/11/07
7,305,931                       11/149,619                       12/11/07
7,305,932                       10/761,523                       12/11/07
7,305,937                       11/260,953                       12/11/07
7,305,946                       11/248,150                       12/11/07
7,305,956                       11/405,785                       12/11/07
7,305,957                       11/272,750                       12/11/07
7,305,962                       11/091,594                       12/11/07
7,305,971                       11/334,748                       12/11/07
7,305,978                       11/518,308                       12/11/07
7,305,982                       10/871,859                       12/11/07
7,305,990                       11/014,848                       12/11/07
7,305,994                       10/773,140                       12/11/07
7,305,998                       11/639,671                       12/11/07
7,306,003                       10/872,927                       12/11/07
7,306,005                       11/300,656                       12/11/07
7,306,036                       10/865,650                       12/11/07
7,306,050                       11/442,360                       12/11/07
7,306,055                       11/069,783                       12/11/07
7,306,072                       10/519,830                       12/11/07
7,306,074                       10/262,373                       12/11/07
7,306,075                       11/104,584                       12/11/07
7,306,086                       10/711,588                       12/11/07
7,306,094                       11/119,674                       12/11/07
7,306,097                       11/094,058                       12/11/07
7,306,098                       11/005,372                       12/11/07
7,306,099                       10/930,670                       12/11/07
7,306,100                       10/743,528                       12/11/07
7,306,101                       10/938,655                       12/11/07
7,306,102                       11/076,508                       12/11/07
7,306,103                       10/931,448                       12/11/07
7,306,109                       10/090,574                       12/11/07
7,306,127                       10/920,941                       12/11/07
7,306,128                       11/062,192                       12/11/07
7,306,146                       11/236,083                       12/11/07
7,306,180                       11/006,647                       12/11/07
7,306,182                       11/039,957                       12/11/07
7,306,185                       11/170,680                       12/11/07
7,306,188                       10/715,243                       12/11/07
7,306,193                       11/171,883                       12/11/07
7,306,196                       11/442,338                       12/11/07
7,306,209                       11/169,067                       12/11/07
7,306,218                       10/798,300                       12/11/07
7,306,223                       11/476,168                       12/11/07
7,306,224                       10/882,161                       12/11/07
7,306,231                       10/991,006                       12/11/07
7,306,242                       10/379,405                       12/11/07
7,306,244                       11/153,568                       12/11/07
7,306,246                       11/335,896                       12/11/07
7,306,249                       11/223,995                       12/11/07
7,306,254                       11/195,507                       12/11/07
7,306,258                       11/015,026                       12/11/07
7,306,268                       10/960,217                       12/11/07
7,306,289                       10/998,241                       12/11/07
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 287 

7,306,335                       10/809,412                       12/11/07
7,306,344                       10/458,390                       12/11/07
7,306,349                       11/077,682                       12/11/07
7,306,350                       11/125,091                       12/11/07
7,306,351                       11/304,949                       12/11/07
7,306,354                       11/133,192                       12/11/07
7,306,358                       11/344,588                       12/11/07
7,306,363                       10/768,846                       12/11/07
7,306,367                       10/052,351                       12/11/07
7,306,368                       11/480,837                       12/11/07
7,306,382                       11/329,413                       12/11/07
7,306,391                       10/952,617                       12/11/07
7,306,398                       11/029,468                       12/11/07
7,306,399                       11/441,664                       12/11/07
7,306,401                       11/352,130                       12/11/07
7,306,403                       11/406,785                       12/11/07
7,306,406                       11/358,471                       12/11/07
7,306,416                       11/494,152                       12/11/07
7,306,417                       11/527,177                       12/11/07
7,306,421                       10/712,016                       12/11/07
7,306,426                       10/783,147                       12/11/07
7,306,443                       10/541,023                       12/11/07
7,306,469                       11/695,184                       12/11/07
7,306,470                       11/532,614                       12/11/07
7,306,473                       11/142,016                       12/11/07
7,306,480                       11/309,268                       12/11/07
7,306,487                       11/594,243                       12/11/07
7,306,488                       11/247,082                       12/11/07
7,306,494                       10/566,865                       12/11/07
7,306,500                       11/000,669                       12/11/07
7,306,515                       10/270,621                       12/11/07
7,306,516                       10/810,255                       12/11/07
7,306,523                       10/941,086                       12/11/07
7,306,530                       11/183,424                       12/11/07
7,306,544                       11/016,772                       12/11/07
7,306,550                       11/415,499                       12/11/07
7,306,562                       10/831,481                       12/11/07
7,306,563                       10/375,686                       12/11/07
7,306,569                       11/169,963                       12/11/07
7,306,570                       10/799,806                       12/11/07
7,306,580                       10/414,939                       12/11/07
7,306,612                       10/683,638                       12/11/07
7,306,615                       10/451,019                       12/11/07
7,306,627                       10/052,889                       12/11/07
7,306,634                       10/440,996                       12/11/07
7,306,635                       09/733,602                       12/11/07
7,306,638                       10/931,846                       12/11/07
7,306,642                       10/783,497                       12/11/07
7,306,643                       11/491,443                       12/11/07
7,306,651                       10/504,501                       12/11/07
7,306,657                       10/973,286                       12/11/07
7,306,669                       11/621,661                       12/11/07
7,306,671                       10/784,915                       12/11/07
7,306,673                       10/971,315                       12/11/07
7,306,674                       10/864,768                       12/11/07
7,306,680                       10/658,800                       12/11/07
7,306,685                       11/467,253                       12/11/07
7,306,689                       10/994,146                       12/11/07
7,306,712                       10/144,835                       12/11/07
7,306,726                       11/064,902                       12/11/07
7,306,728                       10/806,335                       12/11/07
7,306,738                       10/477,092                       12/11/07
7,306,741                       11/003,681                       12/11/07
7,306,747                       10/355,072                       12/11/07
7,306,759                       10/279,411                       12/11/07
7,306,761                       10/492,115                       12/11/07
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 288 

7,306,763                       10/928,629                       12/11/07
7,306,766                       10/849,141                       12/11/07
7,306,768                       10/783,988                       12/11/07
7,306,769                       10/964,248                       12/11/07
7,306,771                       10/660,707                       12/11/07
7,306,782                       10/366,569                       12/11/07
7,306,789                       10/699,895                       12/11/07
7,306,791                       10/317,011                       12/11/07
7,306,797                       10/416,203                       12/11/07
7,306,798                       10/504,802                       12/11/07
7,306,804                       10/673,671                       12/11/07
7,306,816                       11/090,508                       12/11/07
7,306,834                       10/258,522                       12/11/07
7,306,840                       10/484,019                       12/11/07
7,306,842                       10/542,305                       12/11/07
7,306,846                       11/207,209                       12/11/07
7,306,851                       10/739,361                       12/11/07
7,306,853                       11/314,307                       12/11/07
7,306,855                       10/801,169                       12/11/07
7,306,862                       10/704,394                       12/11/07
7,306,867                       10/616,537                       12/11/07
7,306,869                       10/726,162                       12/11/07
7,306,885                       11/505,372                       12/11/07
7,306,892                       10/718,487                       12/11/07
7,306,895                       10/828,472                       12/11/07
7,306,897                       11/049,349                       12/11/07
7,306,900                       11/529,522                       12/11/07
7,306,903                       09/613,177                       12/11/07
7,306,913                       10/741,601                       12/11/07
7,306,922                       10/380,492                       12/11/07
7,306,938                       10/683,482                       12/11/07
7,306,990                       10/535,941                       12/11/07
7,307,016                       11/448,034                       12/11/07
7,307,028                       10/821,843                       12/11/07
7,307,034                       11/550,823                       12/11/07
7,307,054                       11/039,625                       12/11/07
7,307,058                       10/715,895                       12/11/07
7,307,072                       11/533,535                       12/11/07
7,307,078                       11/523,701                       12/11/07
7,307,080                       10/772,235                       12/11/07
7,307,082                       10/839,323                       12/11/07
7,307,083                       11/759,704                       12/11/07
7,307,084                       10/551,049                       12/11/07
7,307,085                       10/567,314                       12/11/07
7,307,089                       11/493,461                       12/11/07
7,307,096                       10/146,747                       12/11/07
7,307,097                       10/490,921                       12/11/07
7,307,102                       10/390,032                       12/11/07
7,307,103                       10/641,687                       12/11/07
7,307,113                       10/477,341                       12/11/07
7,307,130                       11/081,428                       12/11/07
7,307,138                       11/036,635                       12/11/07
7,307,143                       09/587,574                       12/11/07
7,307,158                       10/508,694                       12/11/07
7,307,167                       10/509,802                       12/11/07
7,307,170                       10/467,041                       12/11/07
7,307,174                       10/528,612                       12/11/07
7,307,186                       10/917,463                       12/11/07
7,307,203                       11/235,518                       12/11/07
7,307,207                       11/548,221                       12/11/07
7,307,230                       11/397,761                       12/11/07
7,307,244                       11/356,541                       12/11/07
7,307,248                       10/707,376                       12/11/07
7,307,249                       11/238,410                       12/11/07
7,307,257                       10/499,794                       12/11/07
7,307,264                       10/513,544                       12/11/07
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 289 

7,307,276                       10/641,524                       12/11/07
7,307,289                       11/212,562                       12/11/07
7,307,339                       10/960,099                       12/11/07
7,307,359                       10/949,804                       12/11/07
7,307,369                       11/212,504                       12/11/07
7,307,378                       11/046,399                       12/11/07
7,307,383                       10/952,524                       12/11/07
7,307,384                       10/517,455                       12/11/07
7,307,393                       11/244,816                       12/11/07
7,307,411                       11/642,479                       12/11/07
7,307,413                       10/826,263                       12/11/07
7,307,415                       10/367,459                       12/11/07
7,307,422                       10/595,739                       12/11/07
7,307,426                       11/179,978                       12/11/07
7,307,427                       11/188,080                       12/11/07
7,307,429                       11/489,036                       12/11/07
7,307,474                       11/316,469                       12/11/07
7,307,482                       11/136,584                       12/11/07
7,307,493                       11/261,690                       12/11/07
7,307,505                       11/185,455                       12/11/07
7,307,510                       11/217,393                       12/11/07
7,307,511                       11/134,377                       12/11/07
7,307,512                       11/117,498                       12/11/07
7,307,516                       11/208,051                       12/11/07
7,307,518                       11/134,732                       12/11/07
7,307,519                       11/178,289                       12/11/07
7,307,525                       10/563,625                       12/11/07
7,307,538                       11/100,219                       12/11/07
7,307,541                       10/506,886                       12/11/07
7,307,555                       11/490,694                       12/11/07
7,307,556                       11/280,417                       12/11/07
7,307,564                       10/973,741                       12/11/07
7,307,578                       10/907,428                       12/11/07
7,307,579                       11/266,031                       12/11/07
7,307,581                       10/871,054                       12/11/07
7,307,598                       11/361,529                       12/11/07
7,307,609                       11/199,874                       12/11/07
7,307,618                       11/269,135                       12/11/07
7,307,620                       11/051,849                       12/11/07
7,307,661                       10/481,932                       12/11/07
7,307,706                       10/512,446                       12/11/07
7,307,714                       11/133,889                       12/11/07
7,307,727                       11/521,532                       12/11/07
7,307,770                       11/609,241                       12/11/07
7,307,772                       11/518,802                       12/11/07
7,307,782                       10/208,198                       12/11/07
7,307,804                       11/333,046                       12/11/07
7,307,822                       11/020,069                       12/11/07
7,307,845                       11/228,874                       12/11/07
7,307,849                       11/438,429                       12/11/07
7,307,854                       10/778,167                       12/11/07
7,307,914                       11/296,712                       12/11/07
7,307,918                       11/024,139                       12/11/07
7,307,921                       10/929,695                       12/11/07
7,307,936                       10/492,286                       12/11/07
7,307,942                       10/413,999                       12/11/07
7,307,944                       10/486,114                       12/11/07
7,307,955                       10/749,874                       12/11/07
7,307,960                       10/239,319                       12/11/07
7,307,964                       10/274,913                       12/11/07
7,307,967                       10/749,398                       12/11/07
7,307,977                       10/262,691                       12/11/07
7,308,018                       10/473,468                       12/11/07
7,308,026                       10/468,787                       12/11/07
7,308,030                       11/103,588                       12/11/07
7,308,031                       10/703,667                       12/11/07
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 290 

7,308,032                       10/749,575                       12/11/07
7,308,036                       10/701,602                       12/11/07
7,308,045                       10/413,134                       12/11/07
7,308,049                       10/772,962                       12/11/07
7,308,055                       10/337,736                       12/11/07
7,308,063                       10/396,118                       12/11/07
7,308,078                       11/344,790                       12/11/07
7,308,080                       09/610,613                       12/11/07
7,308,088                       11/134,669                       12/11/07
7,308,091                       10/236,524                       12/11/07
7,308,103                       10/434,024                       12/11/07
7,308,108                       10/907,670                       12/11/07
7,308,117                       09/771,214                       12/11/07
7,308,133                       09/966,408                       12/11/07
7,308,138                       10/432,543                       12/11/07
7,308,139                       10/308,928                       12/11/07
7,308,172                       10/571,831                       12/11/07
7,308,210                       10/407,520                       12/11/07
7,308,211                       10/726,330                       12/11/07
7,308,243                       10/633,696                       12/11/07
7,308,254                       09/461,353                       12/11/07
7,308,262                       10/804,075                       12/11/07
7,308,273                       10/867,071                       12/11/07
7,308,315                       10/467,916                       12/11/07
7,308,324                       09/957,259                       12/11/07
7,308,329                       11/318,423                       12/11/07
7,308,331                       11/137,914                       12/11/07
7,308,340                       11/208,286                       12/11/07
7,308,349                       11/145,708                       12/11/07
7,308,351                       10/875,472                       12/11/07
7,308,415                       10/000,149                       12/11/07
7,308,436                       10/616,718                       12/11/07
7,308,452                       10/689,395                       12/11/07
7,308,461                       10/817,637                       12/11/07
7,308,478                       10/254,017                       12/11/07
7,308,495                       10/323,992                       12/11/07
7,308,505                       10/737,989                       12/11/07
7,308,507                       10/717,289                       12/11/07
7,308,536                       11/041,711                       12/11/07
7,308,551                       11/066,590                       12/11/07
7,308,559                       10/456,793                       12/11/07
7,308,569                       10/632,648                       12/11/07
7,308,575                       10/010,894                       12/11/07
7,308,580                       10/131,008                       12/11/07
7,308,582                       10/398,518                       12/11/07
7,308,584                       10/641,342                       12/11/07
7,308,595                       10/920,070                       12/11/07
7,308,614                       10/412,229                       12/11/07
7,308,630                       10/906,467                       12/11/07
7,308,637                       10/920,583                       12/11/07
7,308,661                       11/008,812                       12/11/07
7,308,685                       10/439,053                       12/11/07
7,308,687                       10/357,352                       12/11/07
7,308,692                       10/995,582                       12/11/07
7,308,693                       11/713,674                       12/11/07
7,308,696                       11/484,012                       12/11/07
7,308,708                       10/210,912                       12/11/07
7,308,717                       09/792,154                       12/11/07
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 291 

Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 01/02/2012
                 Patents Reinstated Due to the Acceptance of a
                     Late Maintenance Fee from 01/02/2012

Patent           Application       Filing          Issue           Granted
Number           Number            Date            Date            Date

5,697,965        08/625,872        04/01/96        12/16/97       01/05/12
5,706,289        08/564,996        11/30/95        01/06/98       01/06/12
5,991,374        08/694,854        08/08/96        11/23/99       01/06/12
6,001,340        08/039,843        03/30/93        12/14/99       01/04/12
6,004,186        08/884,609        06/30/97        12/21/99       01/03/12
6,516,967        09/879,685        06/12/01        02/11/03       01/04/12
6,607,500        09/853,440        05/10/01        08/19/03       01/05/12
6,634,274        09/734,279        12/11/00        10/21/03       01/04/12
7,179,167        10/175,598        06/18/02        02/20/07       01/05/12
7,275,089        09/814,154        03/21/01        09/25/07       01/04/12
7,277,744        10/445,997        05/27/03        10/02/07       01/05/12
7,278,189        11/001,825        12/02/04        10/09/07       01/03/12
7,285,915        09/995,077        11/26/01        10/23/07       01/04/12
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 292 

Reissue Applications Filed
                          Reissue Applications Filed

   Notice under 37 CFR 1.11(b). The reissue applications listed below
are open to public inspection by the general public through the Image
File Wrapper (IFW) system (http://portal.uspto.gov/external/portal/pair)
on the USPTO internet web site (www.uspto.gov), and copies may be obtained
by paying the fee therefor (37 CFR 1.19).

   D. 487,709, Re. S.N. 29/407,021, Nov. 22, 2011, Cl. D11/000, EXPANDABLE
WIRE BANGLE BRACELET, Carolyn Rafaelian Ferlian, Owner of Record: ALEX AND
ANI, INC., Attorney or Agent: Mary K. Nicholes, Ex. Gp.: 2913

   D. 639,323, Re. S.N. 29/409,392, Dec. 22, 2011, Cl. D15/199, VACUUM
TRANSFER ROBOT, Takahiro Yoshino, Owner of Record: Ulvac, Inc.,
Chigasaki-shi, Kanagawa, JP, Attorney or Agent: Robert M. Siminski, Ex.
Gp.: 2913

   6,510,524, Re. S.N. 13/008,002, Jan. 17, 2011, Cl. 710/001, SYSTEM FOR
MANAGING POWER OF PERIPHERAL COMMUNICATIONS BY AUTOMATICALLY CLOSING
COMMUNICATIONS CHANNEL IMMEDIATELY AFTER FINISHING A COMMUNICATION WITH A
PERIPHERAL DEVICE, Neal A. Osborn, et al., Owner of Record: Access Systems
Americas, Inc., Sunnyvale, CA, Attorney or Agent: Shawn Diedtrich, Ex. Gp.:
2182

   6,587,101, Re. S.N. 13,337,237, Dec. 26, 2011, Cl. 345, POWER-SAVING
CIRCUIT AND METHOD FOR A DIGITAL VIDEO DISPLAY DEVICE, Sun-Il Yoo,
Suwon-shi, Korea, Owner of Record: Samsung Electronics Co., Ltd., Attorney
or Agent: Wonki Park, Ex. Gp.: 2629

   6,621,918, Re. S.N. 13/301,600, Nov. 21, 2011, Cl. 345/424,
TELERADIOLOGY SYSTEMS FOR RENDERING AND VISUALIZING REMOTELY-LOCATED VOLUME
DATA SETS, Hui Hu et. al., Owner of Record: VITAL IMAGES, INC., Attorney or
Agent: John I Fisher, Ex. Gp.: 2628

   6,659,460, Re. S.N. 13/300,733, Nov. 21, 2011, Cl. 273/149, CARD
SHUFFLING DEVICES AND RELATED METHODS, Ernst Blaha, et al., Owner of
Record: SHUFFLE MASTER GMBH & CO KG., Attorney or Agent: James C. Watson,
Ex. Gp.: 3711

   6,755,841, Re. S.N. 13/331,675, Dec. 20, 2011, Cl. 606/099, MEDICAL
INSTALLATION TOOL, Robert D. Fraser, et al., Owner of Record: DePuy Spine,
Inc., Raynham, MA, Attorney or Agent: Lisa Adams, Ex. Gp.: 3775

   7,174,596, Re. S.N. 13/317,652, Oct. 25, 2011, Cl. 015/110, TOOTHBRUSH
AND PROCESS FOR PRODUCING SUCH A TOOTHBRUSH, Franz Fischer, et al., Owner
of Record: Trisa Holding AG, Triengen, CH, Attorney or Agent: James Oliff,
Ex. Gp.: 3723

   7,292,561, Re. S.N. 13/300,799, Nov. 21, 2011, Cl. 370/338, SIP-BASED
USER MOBILITY PROVIDING APPARATUS AND METHOD, Eun-Hee Hyun, et al., Owner
of Record: PANTECH CO., LTD., Attorney or Agent: Hae-Chan Park, Ex. Gp.:
2617

   7,400,682, Re. S.N. 13/301,502, Nov. 21, 2011, Cl. 382/232, SYSTEMS AND
METHODS FOR REDUCED BIT-DEPTH PROCESSING IN VIDEO-RELATED DATA WITH
FREQUENCY WEIGHTING MATRICES, Louis Joseph Kerofsky, Owner of Record: SHARP
KABUSHIKI KAISHA, Attorney or Agent: Michael R. Cammarata, Ex. Gp.: 2624

   7,400,682, Re. S.N. 13/301,526, Nov. 21, 2011, Cl. 382/239, SYSTEMS AND
METHODS FOR REDUCED BIT-DEPTH PROCESSING IN VIDEO-RELATED DATA WITH
FREQUENCY WEIGHTING MATRICES, Louis Joseph Kerofsky, Owner of Record: SHARP
KABUSHIKI KAISHA, Attorney or Agent: Michael R. Cammarata, Ex. Gp.: 2624

   7,606,687, Re. S.N. 13,277,008, Oct/19/2011, Cl. 703, PROXIMITY SEARCH
METHODS USING TILES TO REPRESENT GEOGRAPHICAL ZONES, Nicholas Galbreath, et
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 293 

al, Owner of Record: Facebook, Inc., Attorney or Agent: Mark Spolyar, Ex.
Gp.: 2123

   7,638,783, Re. S.N. 13,332,667, Dec. 21, 2011, Cl. 250, LEAD FREE BARIUM
SULFATE ELECTRICAL INSULATOR AND METHOD OF MANUFACTURE, Stuart J. McCord,
Westford, MA, Owner of Record: Resin Systems Corporaiton, Attorney or
Agent: Marian J. Furst, Ex. Gp.: 2881

   7,640,209, Re. S.N. 13,338,229, Dec. 27, 2011, Cl. 705, PROCESS FOR AN
INCLUSIVE AUTOMATED CONSUMER CONTROLLED MORTGAGE SYSTEM (ACCMS) CONTAINING
AND AUTOMATED MORTGAGE MONITORING AND GOVERNMENT COMPLIANCE AUDITING
SYSTEM, Ronald L. Brooks, et al, Owner of Record: Peter Gootos. Attorney or
Agent: Barry Dove, Ex. Gp.: 3693

   7,640,304, Re. S.N. 13,337,633, Dec. 27, 2011, Cl. 709, SYSTEM AND
METHOD FOR DETECTING AND MEASURING EMOTIONAL INDICIA, Daniel Goldscheider,
Lachen, Switzerland, Owner of Record: YES International AG, Attorney or
Agent: Robert S. Mallin, Ex. Gp.: 2447

   7,758,071, Re. S.N. 13/233,492, Sept. 15, 2011, Cl. 164/079, CONTINUOUS
CASTING OF FOAMED BULK AMORPHOUS ALLOYS, James Kang, Owner of Record:
CRUCIBLE INTELLECTUAL PROPERTY, Attorney or Agent: Raj S. Dave, Ex. Gp.:
1735
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 294 

Requests for Ex Parte Reexamination Filed
                   Requests for Ex Parte Reexamination Filed

   5,351,285, Reexam. C.N. 90/012,064, Requested Date: December 19, 2011,
Cl. 379/094, Title: MULTIPLE FORMAT TELEPHONIC INTERFACE CONTROL SYSTEM,
Inventor: Ronald A. Katz, Owners of Record: Ronald A. Katz Technology
Licensing, LP., Beverly Hills, CA, Attorney or Agent: Reena Kuyper, Esq.,
Los Angeles, CA, Ex. Gp.: 3992, Requester: James Brooks, Orrick Herrington
& Sutcliffe, LLP., Irvine, CA

   7,323,847 Reexam. C.N. 90/012,041, Requested Date: December 9, 2011, Cl.
320/110, Title: METHOD AND SYSTEM OF CHARGING MULTI-CELL LITHIUM -BASED
BATTERIES, Inventor: Gary D. Meyer et al., Owners of Record: Milwaukee
Electric Tool Corporation, Brookfield, WI, Attorney or Agent: Michael Best
& Friedrich, LLP., Milwaukee, WI, Ex. Gp.: 3992, Requester: Paul Devinsky,
McDermott Will & Emery, LLP., Washington, DC

   7,804,954, Reexam. C.N. 90/012,025, Requested Date: November 23, 2011,
Cl. 379/352, Title: INFRASTRUCTURE FOR ENABLING HIGH QUALITY REAL-TIME
AUDIO, Inventor: Mu Han et al., Owners of Record: Microsoft Corporation,
Redmond, WA, Attorney or Agent: Microsoft Corporation, Redmond, WA, Ex.
Gp.: 3992, Requester: PATENT OWNER
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 295 

Requests for Inter Partes Reexamination Filed
              Requests for Inter Partes Reexamination Filed

   7,441,211, Reexam. C.N.: 95/001,832, Requested Date: December 8, 2011,
Cl.: Title: GATE-LENGTH BIASING FOR DIGITAL CIRCUIT OPTIMIZATON, Inventor:
Puneet Gupta et al., Owners of Record: Tela Innovations, Inc., Campbell,
CA, Attorney or Agent: Martine Penilla Group, LLP., Sunnyvale, CA, Ex. Gp.:
3992, Requester: Third Party Requester: Taiwan Semiconductor Manufacturing,
Co., LTD., (Att'y Is: David M. O'Dell, Haynes & Boone, LLP., Dallas, TX),
Real Party in Interest: Same As Third Party Requester

   7,678,843, Reexam. C.N.: 95/001,837, Requested Date: November 30, 2011,
Cl.: 522/074, Title: DENTAL RESTORATIVE MATERIAL COMPOSITION, Inventor:
Futoshi Fusejima et al., Owners of Record: GC Corporation, Japan, Attorney
or Agent: Oblon Spivak McClelland Maier & Neustadt, LLP., Alexandria, VA,
Ex. Gp.: 3991, Requester: Third Party Requester: Tokuyama Dental Corp.;
(Att'y Is: Robert C. Faber, Ostrolenk Faber, LLP. New York, NY), Real Party
in Interest: Same As Third Party Requester

   7,702,669, Reexam. C.N.: 95/001,844, Requested Date: December 8, 2011,
Cl.: 707/620, Title: SYNCHRONIZATION IN UNIFIED MESSAGING SYSTEMS Inventor:
Vlad Vendrow et al., Owners of Record: RingCentral, Inc., San Mateo, CA,
Attorney or Agent: Fish & Richardson, PC., Minneapolis, MN, Ex. Gp.: 3992,
Requester: Third Party Requester: j2 Global Communications, Inc.; (Att'y
Is: Michelle N. McLeod, Kenyon & Kenyon, LLP., Palo Alto, CA), Real Party
in Interest: Same As Third Party Requester

   7,849,579, Reexam. C.N.: 95/001,843, Requested Date: December 8, 2011,
Cl.: 029/525, Title: METHOD FOR DELIVERING FASTENERS TO A TOOL, Inventor:
Rupert Andrew Craythorn et al., Owners of Record: Henrob Limited, United
Kingdom, Attorney or Agent: DLA Piper US, LLP., Chicago, IL, Ex. Gp.: 3993,
Requester: Third Party Requester: Emhart Teknologies, LLC.; (Att'y Is: Jack
S. Barufka, Pillsbury Winthrop Shaw Pittman, LLP., McLean, VA), Real Party
in Interest: Same As Third Party Requester

   7,999,510, Reexam. C.N.: 95/001,846, Requested Date: December 9, 2011,
Cl.: 320/116, Title: LITHIUM-BASED BATTERY PACK FOR A HIGH CURRENT DRAW,
HAND HELD POWER TOOL, Inventor: Todd W. Johnson et al., Owners of Record:
Milwaukee Electric Tool Corporation, Brookfield, WI, Attorney or Agent:
Michael Best & Friedrich, LLP., Milwaukee, WI, Ex. Gp.: 3992, Requester:
Third Party Requester: Hitachi Koki, Co., LTD.; (Att'y Is: Paul Devinsky,
McDermott Will & Emery, LLP., Washington, DC), Real Party in Interest: Same
As Third Party Requester

   8,009,042, Reexam. C.N.: 95/001,821, Requested Date: December 2, 2011,
Cl.: 340/541, Title: RADIO-FREQUENCY LIGHTING CONTROL SYSTEM WITH OCCUPANCY
SENSING, Inventor: James P. Steiner et al., Owners of Record: Lutron
Electronics, Co., Inc., Coopersburg, PA, Attorney or Agent: Ostrolenk
Faber, LLP., New York, NY, Ex. Gp.: 3992, Requester: Third Party Requester:
Crestron Electronics, Inc.; (Att'y Is: Philip Kirkpatrick, Rockleigh, NJ),
Real Party in Interest: Same As Third Party Requester
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 296 

Notice of Expiration of Trademark Registrations Due to Failure to Renew
                Notice of Expiration of Trademark Registrations
                            Due to Failure to Renew

   15 U.S.C. 1059 provides that each trademark registration may be
renewed for periods of ten years from the end of the expiring period
upon payment of the prescribed fee and the filing of an acceptable
application for renewal. This may be done at any time within one year
before the expiration of the period for which the registration was
issued or renewed, or it may be done within six months after such
expiration on payment of an additional fee.
   According to the records of the Office, the trademark registrations
listed below are expired due to failure to renew in accordance with 15
U.S.C. 1059.

                     TRADEMARK REGISTRATIONS WHICH EXPIRED
                                January 6, 2012
                            DUE TO FAILURE TO RENEW

Reg. Number                   Serial Number                     Reg. Date

1,647,014                      74/012,780                      06/04/1991
2,957,368                      79/000,065                      05/31/2005
2,957,370                      79/000,486                      05/31/2005
2,957,373                      79/000,562                      05/31/2005
2,957,378                      79/001,407                      05/31/2005
2,957,379                      79/001,611                      05/31/2005
2,955,181                      79/001,721                      05/24/2005
2,940,257                      79/001,839                      04/12/2005
2,938,378                      79/001,900                      04/05/2005
2,938,380                      79/001,923                      04/05/2005
2,955,182                      79/001,931                      05/24/2005
2,938,381                      79/001,938                      04/05/2005
1,156,698                      73/187,303                      06/02/1981
1,646,624                      74/009,105                      06/04/1991
2,457,480                      75/001,371                      06/05/2001
2,457,500                      75/103,977                      06/05/2001
2,457,521                      75/210,882                      06/05/2001
2,457,527                      75/216,760                      06/05/2001
2,457,531                      75/222,195                      06/05/2001
2,457,535                      75/238,635                      06/05/2001
2,457,538                      75/240,148                      06/05/2001
2,457,551                      75/271,395                      06/05/2001
2,457,556                      75/282,513                      06/05/2001
2,457,559                      75/283,783                      06/05/2001
2,456,573                      75/291,179                      06/05/2001
2,457,567                      75/294,665                      06/05/2001
2,457,576                      75/310,758                      06/05/2001
2,457,579                      75/318,800                      06/05/2001
2,457,589                      75/329,925                      06/05/2001
2,456,575                      75/336,420                      06/05/2001
2,457,591                      75/338,130                      06/05/2001
2,457,596                      75/346,135                      06/05/2001
2,457,598                      75/346,847                      06/05/2001
2,457,607                      75/355,708                      06/05/2001
2,457,611                      75/360,490                      06/05/2001
2,457,612                      75/360,972                      06/05/2001
2,457,621                      75/377,596                      06/05/2001
2,458,701                      75/398,887                      06/05/2001
2,458,702                      75/404,152                      06/05/2001
2,457,646                      75/409,713                      06/05/2001
2,457,658                      75/426,583                      06/05/2001
2,457,662                      75/428,647                      06/05/2001
2,457,667                      75/432,063                      06/05/2001
2,457,668                      75/432,829                      06/05/2001
2,457,669                      75/432,890                      06/05/2001
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 297 

2,457,670                      75/433,285                      06/05/2001
2,456,585                      75/434,691                      06/05/2001
2,457,674                      75/440,105                      06/05/2001
2,457,683                      75/448,352                      06/05/2001
2,456,590                      75/451,434                      06/05/2001
2,458,705                      75/452,605                      06/05/2001
2,457,690                      75/457,427                      06/05/2001
2,457,698                      75/461,030                      06/05/2001
2,457,699                      75/461,350                      06/05/2001
2,457,714                      75/467,865                      06/05/2001
2,457,723                      75/476,130                      06/05/2001
2,457,724                      75/476,743                      06/05/2001
2,457,728                      75/480,030                      06/05/2001
2,458,712                      75/487,720                      06/05/2001
2,456,605                      75/494,291                      06/05/2001
2,457,742                      75/494,432                      06/05/2001
2,457,757                      75/505,649                      06/05/2001
2,457,769                      75/512,963                      06/05/2001
2,457,771                      75/513,212                      06/05/2001
2,457,774                      75/515,902                      06/05/2001
2,457,776                      75/516,832                      06/05/2001
2,457,777                      75/516,958                      06/05/2001
2,457,807                      75/529,690                      06/05/2001
2,457,808                      75/530,500                      06/05/2001
2,457,810                      75/532,017                      06/05/2001
2,457,812                      75/534,206                      06/05/2001
2,457,822                      75/537,140                      06/05/2001
2,457,825                      75/540,309                      06/05/2001
2,456,623                      75/542,906                      06/05/2001
2,457,858                      75/555,639                      06/05/2001
2,458,730                      75/555,838                      06/05/2001
2,457,866                      75/559,292                      06/05/2001
2,457,869                      75/559,872                      06/05/2001
2,457,870                      75/559,874                      06/05/2001
2,457,876                      75/562,411                      06/05/2001
2,457,877                      75/562,584                      06/05/2001
2,456,630                      75/566,698                      06/05/2001
2,457,891                      75/570,423                      06/05/2001
2,457,904                      75/574,917                      06/05/2001
2,457,918                      75/580,606                      06/05/2001
2,457,920                      75/581,019                      06/05/2001
2,458,735                      75/585,547                      06/05/2001
2,457,936                      75/589,445                      06/05/2001
2,457,940                      75/590,464                      06/05/2001
2,457,941                      75/590,780                      06/05/2001
2,457,958                      75/602,226                      06/05/2001
2,457,960                      75/602,710                      06/05/2001
2,457,969                      75/605,271                      06/05/2001
2,457,988                      75/613,325                      06/05/2001
2,457,992                      75/614,264                      06/05/2001
2,456,645                      75/621,407                      06/05/2001
2,458,009                      75/622,692                      06/05/2001
2,458,015                      75/624,459                      06/05/2001
2,456,650                      75/625,745                      06/05/2001
2,458,031                      75/633,434                      06/05/2001
2,458,032                      75/634,516                      06/05/2001
2,458,041                      75/636,936                      06/05/2001
2,456,654                      75/637,481                      06/05/2001
2,458,054                      75/642,369                      06/05/2001
2,456,665                      75/648,155                      06/05/2001
2,458,746                      75/652,148                      06/05/2001
2,456,670                      75/653,324                      06/05/2001
2,458,080                      75/653,370                      06/05/2001
2,458,747                      75/653,699                      06/05/2001
2,458,090                      75/656,830                      06/05/2001
2,456,671                      75/657,551                      06/05/2001
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 298 

2,458,106                      75/661,889                      06/05/2001
2,458,107                      75/662,003                      06/05/2001
2,458,116                      75/664,891                      06/05/2001
2,458,122                      75/666,859                      06/05/2001
2,456,684                      75/668,749                      06/05/2001
2,458,131                      75/671,907                      06/05/2001
2,456,686                      75/672,205                      06/05/2001
2,456,687                      75/673,311                      06/05/2001
2,458,150                      75/679,609                      06/05/2001
2,456,690                      75/679,712                      06/05/2001
2,458,151                      75/679,713                      06/05/2001
2,458,154                      75/680,710                      06/05/2001
2,458,156                      75/681,068                      06/05/2001
2,458,167                      75/685,630                      06/05/2001
2,458,172                      75/688,299                      06/05/2001
2,456,697                      75/688,582                      06/05/2001
2,456,699                      75/691,654                      06/05/2001
2,458,191                      75/698,455                      06/05/2001
2,458,202                      75/699,588                      06/05/2001
2,456,708                      75/699,646                      06/05/2001
2,458,209                      75/703,923                      06/05/2001
2,456,715                      75/708,596                      06/05/2001
2,458,226                      75/709,577                      06/05/2001
2,458,228                      75/709,810                      06/05/2001
2,458,229                      75/709,823                      06/05/2001
2,458,241                      75/715,019                      06/05/2001
2,458,249                      75/717,178                      06/05/2001
2,458,755                      75/717,651                      06/05/2001
2,458,262                      75/721,516                      06/05/2001
2,456,719                      75/721,870                      06/05/2001
2,458,267                      75/722,978                      06/05/2001
2,458,277                      75/724,532                      06/05/2001
2,458,761                      75/726,920                      06/05/2001
2,456,723                      75/729,753                      06/05/2001
2,458,296                      75/731,153                      06/05/2001
2,458,301                      75/732,898                      06/05/2001
2,456,726                      75/736,075                      06/05/2001
2,458,310                      75/736,565                      06/05/2001
2,458,311                      75/736,566                      06/05/2001
2,458,319                      75/737,439                      06/05/2001
2,458,321                      75/737,925                      06/05/2001
2,456,730                      75/739,939                      06/05/2001
2,456,735                      75/743,282                      06/05/2001
2,456,737                      75/744,520                      06/05/2001
2,456,738                      75/744,597                      06/05/2001
2,458,339                      75/745,698                      06/05/2001
2,458,346                      75/747,061                      06/05/2001
2,456,746                      75/753,231                      06/05/2001
2,456,752                      75/758,253                      06/05/2001
2,458,370                      75/758,556                      06/05/2001
2,458,372                      75/758,918                      06/05/2001
2,458,377                      75/761,016                      06/05/2001
2,456,764                      75/765,633                      06/05/2001
2,458,393                      75/767,966                      06/05/2001
2,458,394                      75/768,417                      06/05/2001
2,456,767                      75/768,981                      06/05/2001
2,458,402                      75/769,918                      06/05/2001
2,458,412                      75/774,402                      06/05/2001
2,456,770                      75/774,636                      06/05/2001
2,456,772                      75/776,087                      06/05/2001
2,458,418                      75/776,416                      06/05/2001
2,458,422                      75/777,850                      06/05/2001
2,458,443                      75/786,797                      06/05/2001
2,458,453                      75/789,436                      06/05/2001
2,458,457                      75/790,954                      06/05/2001
2,458,459                      75/792,482                      06/05/2001
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 299 

2,458,462                      75/793,812                      06/05/2001
2,458,778                      75/793,897                      06/05/2001
2,458,468                      75/796,674                      06/05/2001
2,456,795                      75/796,939                      06/05/2001
2,458,471                      75/798,146                      06/05/2001
2,456,802                      75/800,683                      06/05/2001
2,458,485                      75/802,631                      06/05/2001
2,458,486                      75/802,634                      06/05/2001
2,458,496                      75/805,838                      06/05/2001
2,456,812                      75/807,722                      06/05/2001
2,456,813                      75/808,140                      06/05/2001
2,458,505                      75/808,612                      06/05/2001
2,458,510                      75/809,743                      06/05/2001
2,456,821                      75/811,466                      06/05/2001
2,456,828                      75/816,870                      06/05/2001
2,458,784                      75/817,110                      06/05/2001
2,456,829                      75/817,482                      06/05/2001
2,458,530                      75/817,761                      06/05/2001
2,458,533                      75/819,127                      06/05/2001
2,456,839                      75/822,616                      06/05/2001
2,458,548                      75/824,946                      06/05/2001
2,456,846                      75/828,542                      06/05/2001
2,456,855                      75/832,766                      06/05/2001
2,456,859                      75/834,793                      06/05/2001
2,458,568                      75/835,746                      06/05/2001
2,456,866                      75/836,994                      06/05/2001
2,458,795                      75/837,048                      06/05/2001
2,456,868                      75/837,472                      06/05/2001
2,456,872                      75/838,475                      06/05/2001
2,456,873                      75/838,498                      06/05/2001
2,456,876                      75/839,643                      06/05/2001
2,456,880                      75/841,525                      06/05/2001
2,458,580                      75/841,922                      06/05/2001
2,456,890                      75/843,571                      06/05/2001
2,458,586                      75/844,255                      06/05/2001
2,456,894                      75/844,914                      06/05/2001
2,458,590                      75/846,419                      06/05/2001
2,456,897                      75/846,479                      06/05/2001
2,456,903                      75/848,558                      06/05/2001
2,458,601                      75/851,065                      06/05/2001
2,456,909                      75/852,281                      06/05/2001
2,456,922                      75/854,382                      06/05/2001
2,458,605                      75/854,844                      06/05/2001
2,458,609                      75/858,379                      06/05/2001
2,456,944                      75/863,504                      06/05/2001
2,458,613                      75/864,134                      06/05/2001
2,456,949                      75/865,914                      06/05/2001
2,456,962                      75/872,089                      06/05/2001
2,458,623                      75/874,048                      06/05/2001
2,458,626                      75/877,186                      06/05/2001
2,458,816                      75/879,798                      06/05/2001
2,458,817                      75/879,896                      06/05/2001
2,458,631                      75/879,972                      06/05/2001
2,458,632                      75/880,466                      06/05/2001
2,456,988                      75/881,356                      06/05/2001
2,458,819                      75/882,134                      06/05/2001
2,458,636                      75/884,014                      06/05/2001
2,458,637                      75/885,027                      06/05/2001
2,456,996                      75/886,091                      06/05/2001
2,456,997                      75/886,324                      06/05/2001
2,458,639                      75/886,883                      06/05/2001
2,458,640                      75/886,884                      06/05/2001
2,458,641                      75/886,934                      06/05/2001
2,458,643                      75/888,190                      06/05/2001
2,457,015                      75/896,207                      06/05/2001
2,458,652                      75/896,468                      06/05/2001
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 300 

2,458,830                      75/896,882                      06/05/2001
2,457,021                      75/897,177                      06/05/2001
2,457,026                      75/900,687                      06/05/2001
2,457,028                      75/902,674                      06/05/2001
2,457,032                      75/903,389                      06/05/2001
2,458,656                      75/903,714                      06/05/2001
2,458,658                      75/904,578                      06/05/2001
2,458,835                      75/905,762                      06/05/2001
2,458,838                      75/910,630                      06/05/2001
2,458,661                      75/910,907                      06/05/2001
2,457,051                      75/915,915                      06/05/2001
2,458,840                      75/917,286                      06/05/2001
2,458,841                      75/920,948                      06/05/2001
2,457,085                      75/932,267                      06/05/2001
2,457,096                      75/937,362                      06/05/2001
2,458,847                      75/940,690                      06/05/2001
2,457,104                      75/942,041                      06/05/2001
2,457,105                      75/942,042                      06/05/2001
2,457,111                      75/950,625                      06/05/2001
2,458,666                      75/978,458                      06/05/2001
2,458,667                      75/978,479                      06/05/2001
2,458,668                      75/979,627                      06/05/2001
2,458,669                      75/979,870                      06/05/2001
2,458,670                      75/979,987                      06/05/2001
2,457,117                      76/002,882                      06/05/2001
2,457,130                      76/009,872                      06/05/2001
2,457,139                      76/014,747                      06/05/2001
2,457,144                      76/015,650                      06/05/2001
2,458,851                      76/015,685                      06/05/2001
2,457,148                      76/016,822                      06/05/2001
2,457,152                      76/018,114                      06/05/2001
2,457,153                      76/018,437                      06/05/2001
2,457,169                      76/023,438                      06/05/2001
2,458,853                      76/025,951                      06/05/2001
2,457,184                      76/028,291                      06/05/2001
2,457,194                      76/032,142                      06/05/2001
2,457,196                      76/032,366                      06/05/2001
2,457,212                      76/039,176                      06/05/2001
2,457,217                      76/039,773                      06/05/2001
2,457,221                      76/041,409                      06/05/2001
2,457,227                      76/042,997                      06/05/2001
2,457,234                      76/045,488                      06/05/2001
2,457,245                      76/048,976                      06/05/2001
2,457,250                      76/050,947                      06/05/2001
2,457,252                      76/051,549                      06/05/2001
2,458,857                      76/051,653                      06/05/2001
2,458,859                      76/053,738                      06/05/2001
2,457,260                      76/054,163                      06/05/2001
2,457,278                      76/062,119                      06/05/2001
2,457,282                      76/062,695                      06/05/2001
2,457,298                      76/065,240                      06/05/2001
2,457,321                      76/069,549                      06/05/2001
2,457,323                      76/069,940                      06/05/2001
2,457,344                      76/074,061                      06/05/2001
2,457,359                      76/077,499                      06/05/2001
2,457,373                      76/082,929                      06/05/2001
2,457,379                      76/084,270                      06/05/2001
2,457,380                      76/084,537                      06/05/2001
2,458,688                      78/002,033                      06/05/2001
2,458,870                      78/003,530                      06/05/2001
2,457,439                      78/008,873                      06/05/2001
2,457,441                      78/009,945                      06/05/2001
2,457,452                      78/014,929                      06/05/2001
2,457,459                      78/018,608                      06/05/2001
1,593,395                      73/786,627                      04/24/1990
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 301 

37 CFR 1.47 Notice by Publication
                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all of the inventors. The petition has been
granted. A notice has been sent to the last known address of the
non-signing inventor, You Liang Wang. The inventor whose signature is
missing may join in the application by promptly filing an appropriate oath
or declaration complying with 37 CFR 1.63. The international application
number is PCT/SG2008/000271 and was filed on 25 July 2008 in the names of
Onn Chee Wong, Slew Keng Loh, Hui Yang and You Liang Wang for the invention
entitled Method and System for Securing Against Leakage of Source Code. The
national stage application is assigned number 13/055,905 and has a 35
U.S.C. 371(c)(1), (c)(2) and (c)(4) date of 21 November 2011.

                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Matthew James) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/GB06/04835
and was filed on 21 December 2006 in the name of Matthew James entitled A
BURNER ASSEMBLY. The national stage application is assigned number
12/097,833 and has a 35 U.S.C. 371(c) date of 03 November 2008.

                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Brian Martin Reeder) may join in
the application by promptly filing an appropriate oath or declaration
complying with 37 CFR 1.63. The international application number is
PCT/GB09/01910 and was filed on 04 August 2009 in the names of Brian Martin
Reeder, Sean Christopher Ganley, Carl Justin Lewis and Mark David Crosier
entitled OVERLOAD RELAY. The national stage application is assigned number
13/057,323 and has a 35 U.S.C. 371(c) date of 12 July 2011.

                       37 CFR 1.47 Notice of Publication

   Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all the inventors. The petition has been granted. A notice has
been sent to the last known addresses of the non-signing inventors. The
inventors whose signatures are missing (Jong-Sung Kim, Chul Youm and
Jung-Min Han) may join in the application by promptly filing an appropriate
oath or declaration complying with 37 CFR 1.63. The international
application number is PCT/KR2009/002205 and was filed 28 April 2009 in the
names of HAN, Jung-Min; OH, Jeong-Hun; KIM, Jong-Sung; YOUM, Chul; HAN,
Kyung-Hee; TAKEUCHI, Masataka,; SUDOH,Takeuchi; and SOTOWA, Chiaki for the
invention entitled NEGATIVE ELECTRODE ACTIVE MATERIAL FOR LITHIUM SECONDARY
BATTERY, PREPARATION METHOD OF THE SAME, AND LITHIUM SECONDARY BATTERY
CONTAINING THE SAME. The national stage number is 12/990,177 and has a 35
U.S.C. 371(c) date of 08 June 2011.

                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all inventors. The petition has been granted. A notice has
been sent to the last known address of the non-signing inventor. The
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 302 

inventor whose signature is missing (Martin Brodt) may join in the
application by promptly filing an appropriate oath or Declaration complying
with 37 CFR 1.63. The international application number is PCT/EP2008/009959
and was filed on 25 November 2008 in the name of Michael Fuetterer et al
for the invention entitled VEHICLE BODY COMPONENTS WITH A METAL HYBRID
CONSTRUCTION AND PRODUCTION METHOD. The national stage application number
is 12/866,459 and has a 35 U.S.C. 371(c)(1), (c)(2) and (c)(4) date of 04
March 2011.

                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all inventors. The petition has been granted. A notice has
been sent to the last known address of the non-signing inventor. The
inventor who signature is missing (Chee House Khong) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/SG2008/000194
and was filed on 28 May 2008 in the names of Navas Khan ORATTIKALANDAR,
Vaidyanathan KRIPESH, Xiaowu ZHANG, and Chee Houe KHONG for the invention
entitled A SEMICONDUCTOR STRUCTURE AND A METHOD OF MANUFACTURING A
SEMICONDUCTOR STRUCTURE. The national stage application number is
12/994,431.

                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all inventors. The petition has been granted. A notice has
been sent to the last known address of the non-signing inventor. The
inventor whose signature is missing (Shyi-Herng Kan) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/SG08/00264
and was filed on 21 July 2008 in the name of Shyi-Herng KAN, Tseng-Ming
HSIEH, and Jackie Y. YING for the invention entitled TWO-PHOTON
STEREOLITHOGARPHY USING PHOTOCURABLE COMPOSITIONS. The national stage
application number is 12/669,461.
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 303 

37 CFR § 1.47 Notice by Publication
                      37 CFR § 1.47 Notice by Publication

   Notice is hereby given of the filing of the following applications with
a petition under 37 CFR § 1.47 requesting the acceptance of the application
without the signature of all inventors or, if the inventor is deceased, the
legal representative of the deceased inventor. The petition in each
application has been granted. A notice has been sent to the last known
address of the non-signing inventor or legal representative. The inventors
or legal representatives whose signatures are missing may join in the
application by promptly filing an oath or declaration complying with 37 CFR
§ 1.63.

                          Non-Signing
                          Inventor(s)
Application               or Legal
No.         Filing Date   Representative(s)          Title of Invention

29/397,660  Jul. 19, 2011 Mark D. Duennes            Applicator For
                                                     Dispensing
                                                     Self-Adhesive Products

11/194,878  Aug. 1, 2005  Anindya Majumder           Methods For Assessing
                                                     A Condition By
                                                     Analyzing Blood In
                                                     Cerebrospinal Fluid

12/184,308  Aug. 1, 2008  William A. Mowers          Functionalization Of
                                                     Paper Components

12/255,990  Oct. 22, 2008 Dr. James F. McGuckin, Jr. Hollow Curved
                                                     Superelastic Medical
                                                     Needle And Method

12/536,181  Aug. 5, 2009  Liming Xiu                 Digital To Frequency
                                                     Synthesis Using
                                                     Flying-Adder With
                                                     Dithered Command Input

12/549,908  Aug. 28, 2009 Xin Wang                   Novel Method To
                          Zhiqiang Wu                Improve Performance By
                                                     Enhancing Poly Gate
                                                     Doping Concentration
                                                     In An Embedded SIGE
                                                     PMOS Process

12/575,648  Oct. 8, 2009  Henk Keers                 Migration Velocity
                                                     Analysis Using Seismic
                                                     Data

12/641,117  Dec. 17, 2009 Dr. James F. McGuckin, Jr. Hollow Curved
                                                     Superelastic Medical
                                                     Needle And Method

12/730,417  Mar. 24, 2010 Hsiao-Fung Chou            Method, System, And
                                                     Integrated Chip For
                                                     Serial Data
                                                     Transmission

12/748,060  Mar. 26, 2010 Albert Donnenberg          Methods And
                                                     Compositions For
                                                     Improved Diagnostic
                                                     Assays

12/769,318  Apr. 28, 2010 Tim Wilkinson              Techniques To Provide
                                                     Integrated Voice
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 304 

                                                     Service Management

12/780,566  May 14, 2010  Sathyaharish Jeedigunta    Integration Of ZNO
                          Manoj Kumar Singh          Nanowires With
                                                     Nanocrystalline
                                                     Diamond Fibers

12/822,973  Jun. 24, 2010 Todd Earl Gregg            Article Transport
                          Vance Vernon Kinchen       Vehicles And Methods
                                                     Of Transporting
                                                     Articles

12/833,516  Jul. 9, 2010  Eugene R. Cooper           Ophthalmic
                          David Kleinman, MD, MBA    Formulations Of
                                                     Reversed Liquid
                                                     Crystalline Phase
                                                     Materials And Methods
                                                     Of Using

12/840,117  Jul. 20, 2010 Michael Scott Martin       Systems And Methods
                          Jeremy Soller              For Collection,
                                                     For Collection,
                                                     Organization And
                                                     Display Of EMS
                                                     Information

12/840,129  Jul. 20, 2010 Michael Scott Martin       USPA: Systems And
                          Jeremy Ryan Soller         Methods For EMS Device
                                                     Communication
                                                     Interface

12/853,467  Aug. 10, 2010 Roch Guerin                Route Aware Network
                          Michael Kouts              Link Acceleration
                          Marc Plumb
                          Rajendran Rajan
                          Mark Vange
                          Glenn Sydeny Wilson

12/859,017  Aug 18, 2010  Nishant Koti               Cutting Tool

12/887,476  Sep. 21, 2010 Lorenzo Vicisano           Enhanced Block-Request
                                                     Streaming System Using
                                                     Signaling Or Block
                                                     Creation

12/887,483  Sep. 21, 2010 Lorenzo Vicisano           Enhanced Block-Request
                                                     Streaming Using Block
                                                     Partitioning Or
                                                     Request Controls For
                                                     Improved Client-Side
                                                     Handling

12/887,492  Sep. 21, 2010 Lorenzo Vicisano           Enhanced Block-Request
                                                     Streaming Using URL
                                                     Templates And
                                                     Construction Rules

12/887,495  Sep. 21, 2010 Lorenzo Vicisano           Enhanced Block-Request
                                                     Streaming Using
                                                     Cooperative Parallel
                                                     HTTP And Forward Error
                                                     Correction

12/892,881  Sep. 28, 2010 Guoqing Chen               Surrounding Stacked
                          Roger Lee                  Gate Multi-Gate Fet
                          Su Xing                    Structure Nonvolatile
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 305 

                                                     Memory Device

12/896,211  Oct. 1, 2010  Balthazar J. Valez         Systems And Methods
                                                     For Archiving Business
                                                     Objects

12/905,010  Oct. 14, 2010 Marc Bertsch               Two Layer Pavement
                                                     Preservation System

12/907,520  Oct. 19, 2010 Nicolas Renard             Concentric Slave
                                                     Cylinders To Actuate
                                                     Clutches On A Dual
                                                     Clutch Transmission

12/926,268  Nov. 5, 2010  Cyril Hue                  Method And Device For
                                                     Resource Management
                                                     And Recording Medium
                                                     For Said Method

12/926,664  Dec. 2, 2010  Alexander Bilchinsky       Ferrite-Induced
                          Eran Ben Shmuel            Spatial Modification
                                                     Of EM Field Patterns

12/932,299  Feb. 23, 2011 Marty Buchanan             Wireway For Conveyor

12/941,970  Nov. 8, 2010  Guy Pagan                  Child Support Payment
                                                     Contingency Plans

12/942,369  Nov. 9, 2010  Dr. Melissa A. Brown       Alpha-Melanocyte
                                                     Stimulating Hormone As
                                                     Topical
                                                     Anti-Inflammatory
                                                     Agent For The
                                                     Treatment Of Allergic
                                                     Contact Dermatitis And
                                                     Eczema

12/952,271  Nov. 23, 2010 Robert Heilman             Gutter-Locking Gutter
                          Hal Klaus                  Protection
                          David Skelton
                          Russell Verbrugge

12/952,729  Nov. 23, 2010 Lorenzo Vicisano           Object-Based Transport
                                                     Protocol

12/968,453  Dec. 15, 2010 Daniel Arnold              System And Method For
                                                     Hypertext Transfer
                                                     Protocol Layered
                                                     Reconstruction

12/969,808  Dec. 16, 2010 Chris Braunsdorf           Methods And Systems
                          Mark Smith                 For Designing Photo
                                                     Books

12/974,428  Dec. 21, 2010 Samira H. Skeiky           Vaccines Against
                                                     Chlamydial Infection

12/977,327  Dec. 23, 2010 Russell Reed               Goggles With
                                                     Interchangeable Lens

12/978,715  Dec. 27, 2010 Fumihito Akiyama           Image Formation
                                                     Apparatus, Printing
                                                     Data Generation
                                                     Apparatus,
                                                     Computer-Readable
                                                     Recording Medium, And
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 306 

                                                     Printing Data
                                                     Generation Method

12/981,092  Dec. 29, 2010 Ivan Vladimirovich Nikolin Method For
                                                     Determination Of Fluid
                                                     Properties In A Porous
                                                     Medium

12/983,882  Jan. 3, 2011  John E. Bales              Self-Starting
                          Edward Failing Ritz, Jr.   Electromotor

13/004,794  Jan. 11, 2011 Jeffrey Huang              Analyzing Navigation
                                                     With A Webpage

13/006,298  Jan. 13, 2011 Zuchun Zhao                Aryl GPR119 Agonists
                                                     And Uses Thereof

13/010,406  Jan. 20, 2011 Nathaniel Morgan           Versatile Unfolding
                                                     Solar Deployment
                                                     System

13/017,773  Jan. 31, 2011 Kenneth Barclay            Method And Apparatus
                          Timothy J. Mattison        For Determining Energy
                          Paul MacGregor             Savings By Using A
                                                     Baseline Energy Use
                                                     Model That
                                                     Incorporates An
                                                     Artificial
                                                     Intelligence Algorithm

13/023,901  Feb. 9, 2011  Avraham Cohen              Device And Method For
                          Hella Frenkel              Purifying A Liquid

13/025,391  Feb. 11, 2011 Stephen D. Ambrose         Receiver Assembly For
                          Samuel P.Gido              An Inflatable Ear
                          Robert B. Schulein         Device

13/025,934  Feb. 11, 2011 Lorenzo Vicisano           Forward Error
                                                     Correction Scheduling
                                                     For An Improved Radio
                                                     Link Protocol

13/039,089  Feb. 2, 2011  Yuming Bai                 Structures And Methods
                                                     Of Fabricating Dual
                                                     Gate Devices

13/044,170  Mar. 9, 2011  Wendong Hu                 Discovery Of Safety
                                                     And Non-Safety Capable
                                                     Single-Radio Devices
                                                     In Wireless
                                                     Environments

13/044,205  Mar. 9, 2011  Wendong Hu                 Operation Procedures
                                                     For Interoperable
                                                     Safety And Non-Safety
                                                     Communications In
                                                     Wireless Environments

13/044,227  Mar. 9, 2011  Wendong Hu                 Channel Switching For
                                                     Interoperable Safety
                                                     And Non-Safety
                                                     Communications In
                                                     Wireless Environments

13/044,514  Mar. 9, 2011  James Cleland              Temperature-Controlled
                                                     Beverage Dispenser
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 307 


13/044,887  May 10, 2011  Hiroshi Kamei              Secondary Battery

13/049,406  Mar. 16, 2011 Eduard Hilberer            Parking Brake System

13/052,708  Mar. 21, 2011 Sivakumar Thivakaram       Techniques For
                                                     Automatically
                                                     Discovering A Database
                                                     Device On A Network

13/071,557  Mar. 25, 2011 Brian G. Nadeau            Write Spike
                                                     Enhancement In Hybrid
                                                     Storage Systems

13/088,358  Apr. 16, 2011 Roderick D. Lee            Plants And Seeds Of
                                                     Hybrid Corn Variety
                                                     CH034531

13/088,401  Apr. 17, 2011 Roderick D. Lee            Plants And Seeds Of
                                                     Hybrid Corn Variety
                                                     CH804791

13/088,402  Apr. 17, 2011 Roderick D. Lee            Plants And Seeds Of
                                                     Hybrid Corn Variety
                                                     CH948307

13/088,405  Apr. 17, 2011 Roderick D. Lee            Plants And Seeds Of
                                                     Hybrid Corn Variety
                                                     CH934907

13/094,413  Apr. 26, 2011 Bob Fritz                  Trash Compactor Bin
                                                     Components And Methods

13/096,534  Apr. 28, 2011 Matthew Nicholls           Circular Saw Blade
                                                     Protector

13/097,597  Apr. 29, 2011 Estafania Erro             Merchandising Platform
                                                     And Handle Apparatus
                                                     For A Merchandiser

13/100,288  May 3, 2011   Roderick Lee               Plants And Seeds Of
                                                     Hybrid Corn Variety
                                                     CH237197

13/101,194  May 5, 2011   Gaston De Los Reyes        Porous
                                                     Interpenetrating
                                                     Polymer Network

13/101,476  May 5, 2011   Ernest Comerford           Reinforcing

13/101,986  May 5, 2011   Roderick D. Lee            Plants And Seeds Of
                                                     Hybrid Corn Variety
                                                     CH291635

13/101,988  May 5, 2011   Roderick Lee               Plants And Seeds Of
                                                     Hybrid Corn Variety
                                                     CH397792

13/107,088  May 13, 2011  Christopher Batey          Generating User Help
                                                     Information For
                                                     Customized User
                                                     Interfaces

13/110, 59  May 18, 2011  Mikhail Malamud            Managing Services In A
                                                     Cloud Computing
                                                     Environment
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 308 


13/113,417  May 23, 2011  John A. Piazza             Consumer Textile Soft
                                                     Goods Product For
                                                     Retail Sale
                                                     Incorporating
                                                     Vacuum-Sealable Bag
                                                     Reusable By Consumers

13/135,059  Jun. 24, 2011 Dale Ryan                  Method Of Fabricating
                                                     Insulated Panels

13/155,522  Jun. 8, 2011  Dr. Carmen N. DiMario      Vibration Dampening
                          Dr. Thomas Falone          Material

13/162,001  Jun. 16, 2011 Kenneth Mages              Apparatus And Method
                                                     For Commercial
                                                     Transactions Using A
                                                     Communication Device

13/169,943  Jun. 27, 2011 Michael J. Lasinski        Intellectual Property
                                                     Trading Exchange

13/176,477  Jul. 5, 2011  Tirunelveli R. Vishwanath  Conversion Of
                                                     Hierarchical Infoset
                                                     Type Data To Binary
                                                     Data

13/189,467  Jul. 22, 2011 Mahito Ando                Energy-Efficient
                                                     Wireless Communication
                                                     Scheme For Wind
                                                     Turbines
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 309 

Registration to Practice
                           Registration to Practice

   The following list contains the names of persons seeking for
registration to practice before the United States Patent and Trademark
Office. Final approval for registration is subject to establishing
to the satisfaction of the Director of the Office of Enrollment and
Discipline that the person seeking registration is of good moral character
and repute. 37 CFR § 11.7  Accordingly, any information tending to affect
the eligibility of any of the following persons on moral ethical or other
grounds should be furnished to the Director of Enrollment and Discipline on
or before February 19, 2012 at the following address, Mail Stop OED United
States Patent and Trademark Office P.O. Box 1450 Alexandria VA 22314

Arita, Shinsuke, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, 901
New York Avenue NW, Washington, DC 20001-4413

Attle, Stephen John, Cuyamaca College, 782 Granite Hills Circle, El Cajon,
CA 92019

Butler, Tiffany Nichole, 357 Dogwood Ridge Road, Summerville, SC 29485

Chang, Audrey BingYu, 287 Harvard Street, Apartment 71, Cambridge, MA 02139

Cho, Stephanie, 851 North Glebe Road, Unit #1818, Arlington, VA 22203

Fraser, Eric Michael, Osborn Maledon, P.A., 2929 N. Central Avenue, Suite
2100, Phoenix, AZ 85012-2793

Gerdzhikov, Angel Nikolaev, Dunlap Codding P.C., 1601 NW Expressway,
Oklahoma City, OK 73118

Gilles, Emily Jean, Mayo Clinic, 1205 34th Street NW, Rochester, MN 55901

Haynes, Donna Michelle Dupree, 2619 Hopkins Street, Houston, TX 77006

Izzat, Izzat Hekmat, 3D Media Corp., 423 Halls Mill Drive, Cary, NC 27519

Jarvholm, Erik Jonas, 1276 Everwood Drive, Marietta, GA 30008

Kim, Hwa Joong, Hershkovitz & Associates, LLC, 114 W. Taylor Run Parkway,
Alexandria, VA 22314

Kim, Jane Nary, 566 Arguello Way, #217, Stanford, CA 94305

Kim, Jeong Hun, Echelon Law Group PC, 7021 Evergreen Court, Suite 8B,
Annandale, VA 22003

Lipman, Bernard, 1205 Ballard Street, Silver Spring, MD 20910

Liu, Dan, 6855 Oriole Avenue, La Verne, CA 91750

Liu, Jason Junjiang, 12710 Brookfield Park, Houston, TX 77041-7261

Mills, Chad William, 1035 156th Avenue NE, Unit 15, Bellevue, WA 98007

Nelms, David Clyde, 6299 Enon School Road, Marshall, VA 20115

Ng, Jin Fay, 7005 Vantage Drive, Alexandria, VA 22306

Oropollo, Lisa Rose, 104 Castle Ridge Drive, East Hanover, NJ 07936

Perumal, Karthika, 413 Drake Lane, League City, TX 77573

Plavsic, Dragan, 1912 Columbia Pike, Apartment 11, Arlington, VA 22204

 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 310 

Raymond, Daniel Robert, G. Ronald Bell & Associates Inc., 50 O'Connor
Street, Suite 1305, Ottawa, Ont., K1P 5W6 Canada

Sittnick, Karla Elizabeth, 41 Chidsey Avenue, East Haven, CT 06512

Slavin, Elina, McCarter & English LLP, 100 Mulberry Street, Four Gateway
Center, Newark, NJ 07102

Stoll, Robert Louis, 2153 California Street, N.W., #504, Washington, DC
20008

January 5, 2012                                            WILLIAM R. COVEY
                                                 Deputy General Counsel for
                                              Enrollment and Discipline and
                                      Director of Enrollment and Discipline
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 311 

Notice of Reprimand
                              Notice of Reprimand

   This notice concerns Junwei Wayne Hou of Gaithersburg, Maryland, an
attorney licensed in Maryland and authorized to represent others before the
United States Patent and Trademark Office ("USPTO") in trademark and
non-patent matters. In a reciprocal disciplinary proceeding, the USPTO
Director ordered that Mr. Hou be reprimanded for violating 37 C.F.R. §
10.23(b)(6) by being reprimanded on ethical grounds in the State of
Maryland. Mr. Hou is not a registered patent practitioner and is not
authorized to practice patent law before the USPTO.

   On December 2, 2009, the Attorney Grievance Commission of Maryland
issued a Letter of Reprimand publicly reprimanding Mr. Hou for violating
Maryland Lawyers' Rules of Professional Conduct 1.4 and 1.7.

   This action is taken pursuant to the provisions of 35 U.S.C. §
2(b)(2)(D) and 37 C.F.R. §§ 11.24 and 11.59.  Disciplinary decisions
involving practitioners are posted for public reading at the Office of
Enrollment and Discipline's Reading Room located at:
http://des.uspto.gov/Foia/OEDReadingRoom.jsp.

January 10, 2012                                             JAMES O. PAYNE
                                     Deputy General Counsel for General Law
                                  United States Patent and Trademark Office
                                                               on behalf of
                                                               DAVID KAPPOS
                                            Under Secretary of Commerce For
                                  Intellectual Property and Director of the
                                  United States Patent and Trademark Office
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 312 

Status of Public Records Division
                       Status of Public Records Division

   The Public Records Division (PRD) processes and fills orders for both
certified and uncertified copies of Patent and Trademark Office documents
and records assignments and other documents related to title. This is an
update of actual processing times for orders filled during the month of
December 2011:

DOCUMENT SERVICES                               Goal                 Actual
                                                                 Processing
                                                                       Time

Certified Documents

Patent Applications-As-Filed                  7 days                 6 days
Patent Related File Wrappers                 25 days                21 days
Patent Copies                                10 days                 5 days
Patent Assignments                           10 days                 9 days
Trademark Applications-As-Filed               7 days                 6 days
Trademark Related File Wrappers              25 days                18 days
Trademark Assignments                        10 days                11 days
Trademark Registrations, Expedited            5 days                 3 days
Trademark Registrations, Regular             14 days                11 days

Uncertified Documents

Patent Copies                                 5 day                  1 day
Plant Patents                                 5 days                 0 days
Patent Assignments                           10 days                 2 days
Patent Related File Wrappers                 25 days                 8 days
Trademark Copies                              5 days                 1 day
Trademark Assignments                        10 days                 1 day
Trademark Related File Wrappers              25 days                 4 days

Customers should use the above actual processing time for each product as
a guide as to when they can expect their orders to be completed. In cases
where an urgent deadline is approaching, contact Patent and Trademark Copy
Fulfillment Branch at (571) 272-3150 or 1 (800) 972-6382 for assistance
with a particular order.

Customers are encouraged to place orders through the Internet at
http://ebiz1.uspto.gov/oems25p

Orders may also be faxed to the Patent and Trademark Copy Fulfillment
Branch at (571) 273-3250. Information on the status of pending orders may
be obtained by calling (571) 272-3150 or 1 (800) 972-6382 (outside the
Washington, DC Metro area), or via E-mail to dsd@uspto.gov.

ASSIGNMENT SERVICES

                                                Goal                 Actual
                                                                 Processing
                                                                       Time

Submission Method

Internet (EFS, ePAS or eTAS)                  2 days                 1 day
Fax                                          10 days                 5 days
Paper                                        14 days                 5 days

The Assignment Services Branch is currently mailing recordation notices for
paper documents received in the Public Records Division on December 27,
2011.

Customers should use the above actual processing times as a guide as to
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 313 

when they can expect their assignment submissions to be processed. For
fastest service customers are encouraged to file assignments via the
Internet.

Assignment submissions may be made via the Internet at
http://epas.uspto.gov/ for patent assignments and http://etas.uspto.gov for
trademark assignments. Patent assignment submissions may also be made by
selecting the "Electronic Filing (EFS)" option at http://www.uspto.gov/ebc.

Assignment submissions may also be faxed to the Assignment Services Branch
at (571) 273-0140. Trademark assignment recordations may be reviewed online
at http://assignments.uspto.gov/assignments. Information on the status of
pending assignment recordations may be obtained by calling (571) 272-3350
or 1 (800) 972-6382 (outside the Washington, DC Metro area).

January 6, 2012                                             DONNA J. COOPER
                                           Manager, Public Records Division
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 314 

Changes To Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act
                            DEPARTMENT OF COMMERCE
                   United States Patent and Trademark Office
                                 37 CFR Part 1
                         [Docket No. PTO-P-2011-0072]
                                 RIN 0651-AC66

                      Changes To Implement Miscellaneous
                         Post Patent Provisions of the
                        Leahy-Smith America Invents Act

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Leahy-Smith America Invents Act expands the scope of
information that any party may cite in a patent file, to include written
statements made by a patent owner before a Federal court or the United
States Patent and Trademark Office (Office) regarding the scope of any
claim of the patent, and it provides for how such information may be
considered in ex parte reexamination, inter partes review, and post grant
review. The Leahy-Smith America Invents Act also provides for an estoppel
that may attach with respect to ex parte reexamination based on an inter
partes review or post grant review proceeding. The Office is revising the
rules of practice to implement these post-patent provisions, as well as
other miscellaneous provisions of the Leahy-Smith America Invents Act.

DATES: Comment Deadline Date: To be ensured of consideration, written
comments must be received on or before March 5, 2012.

ADDRESSES: Comments should be sent by electronic mail addressed to:
post_patent_provisions@uspto.gov. Comments may also be submitted by mail
addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O.
Box 1450, Alexandria, VA, 22313-1450, marked to the attention of Kenneth M.
Schor, Senior Legal Advisor, Office of Patent Legal Administration, Office
of the Associate Commissioner for Patent Examination Policy.

   Comments may also be sent by electronic mail message over the Internet
via the Federal eRulemaking Portal. See the Federal eRulemaking Portal Web
site (http://www.regulations.gov) for additional instructions on providing
comments via the Federal eRulemaking Portal.

   Although comments may be submitted by postal mail, the Office prefers to
receive comments by electronic mail message over the Internet because
sharing comments with the public is more easily accomplished. Electronic
comments are preferred to be submitted in plain text, but also may be
submitted in ADOBE[reg] portable document format or MICROSOFT WORD[reg]
format. Comments not submitted electronically should be submitted on paper
in a format that facilitates convenient digital scanning into ADOBE[reg]
portable document format.

   The comments will be available for public inspection at the Office of
the Commissioner for Patents, currently located in Madison East, Tenth
Floor, 600 Dulany Street, Alexandria, Virginia. Comments also will be
available for viewing via the Office's Internet Web site
(http://www.uspto.gov). Because comments will be made available for public
inspection, information that the submitter does not desire to make public,
such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Kenneth M. Schor, Senior Legal Advisor
((571) 272-7710), or Joseph F. Weiss, Jr., Legal Advisor ((571) 272-7759),
Office of Patent Legal Administration, Office of the Associate Commissioner
for Patent Examination Policy.

SUPPLEMENTARY INFORMATION: Section 6 of the Leahy-Smith America Invents Act
replaces the current inter partes reexamination proceedings with inter
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 315 

partes review proceedings, and creates new post grant review proceedings.
See Public Law 112-29, 125 Stat. 284 (2011). Section 6 of the Leahy-Smith
America Invents Act also provides for an estoppel that may attach with
respect to ex parte reexamination based on an inter partes review or post
grant review proceeding. The Office is proposing to revise the rules of
practice in title 37 of the Code of Federal Regulations (CFR) to implement
these post-patent provisions, along with changes in nomenclature pertaining
to the renaming of the "Board of Patent Appeals and Interferences" as the
"Patent Trial and Appeal Board" and the replacement of references to
interference proceedings with references to derivation proceedings. The
post grant review, inter partes review, and derivation provisions of
Sections 3 and 6 of the Leahy-Smith America Invents Act will be implemented
by separate rulemakings.

I. Background

   Section 6(g) of the Leahy-Smith America Invents Act amends 35 U.S.C. 301
to expand the information that can be submitted in the file of an issued
patent by including written statements made by a patent owner before a
Federal court or the Office regarding the scope of any claim of the patent.
The provision limits the Office's use of such written statements to
determining the meaning of a patent claim in ex parte reexamination
proceedings that have already been ordered and in inter partes review and
post grant review proceedings that have been instituted. This provision is
effective on September 16, 2012.

   Section 6(a) and (d) of the Leahy-Smith American Invents Act also
contains provisions in new 35 U.S.C. 315(e)(1) and 35 U.S.C. 325(e)(1) for
estopping a third party requester from filing a request for ex parte
reexamination, in certain instances where the third party requester filed a
petition for inter partes review or post grant review and a final written
decision under 35 U.S.C. 318(a) or 35 U.S.C. 328(a) has been issued. In
addition, a third party requester may not maintain an ex parte
reexamination if the estoppel provisions are met during the pendency of the
ex parte reexamination proceeding. The estoppel provisions apply to the
real party(ies) in interest of the inter partes review or post grant review
petitioner and any privy of such a petitioner. This provision is effective
on September 16, 2012.

   In view of the estoppel provisions, the Office needs to be aware of any
final written decision in an inter partes review or post grant review
regarding the patentability of claims. Current § 1.565(a) requires the
patent owner to "inform the Office of any prior or concurrent proceedings
in which the patent is or was involved such as interferences, reissues, ex
parte reexaminations, inter partes reexaminations, or litigation and the
results of such proceedings." Because current § 1.565(a) uses open language
to provide a non-exhaustive listing of proceedings that patent owner must
inform the Office about, the current rule will include inter partes review
and post grant review proceedings, once they become effective. In addition,
the third party requester (to whom the inter partes review or post grant
review estoppel statutes are directed) may inform the Office of a final
written decision in an inter partes review or post grant review of the
patent subject to the ex parte reexamination by filing a "Notification of
Existence of Prior or Concurrent Proceedings and Decisions Thereon"
pursuant to Manual of Patent Examining Procedure (MPEP) § 2282 (8th ed.
2001) (Rev. 8, July 2010). MPEP § 2282 provides that "in order to ensure a
complete file, with updated status information regarding prior or
concurrent proceedings regarding the patent under reexamination, the Office
will, at any time, accept from any parties, for entry into the
reexamination file, copies of notices of suits and other proceedings
involving the patent and copies of decisions or papers filed in the court
from litigations or other proceedings involving the patent."
[Emphasis added]

   Section 6(h)(1) of the Leahy-Smith America Invents Act amends 35 U.S.C.
303 to expressly identify the authority of the Director to initiate
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 316 

reexamination based on patents and publications cited in a prior
reexamination request under 35 U.S.C. 302, as well as on those cited under
35 U.S.C. 301 (which was previously expressly authorized). This provision
is effective on September 16, 2012.

   Section 3(i) of the Leahy-Smith America Invents Act replaces
interference proceedings with derivation proceedings; Section 3(j) replaces
the title "Board of Patent Appeals and Interferences" with "Patent Trial
and Appeal Board" in 35 U.S.C. 134, 145, 146, 154, and 305; Section 6(a)
replaces inter partes reexamination with inter partes review of a patent;
Section 6(d) provides for post-grant review of patents; and Section 7
amends 35 U.S.C. 6(b) to define the duties of the Patent Trial and Appeal
Board.

II. Discussion of Specific Rules

   Title 37 of the Code of Federal Regulations, Part 1, is proposed to be
   amended as follows:

   The undesignated center heading before § 1.501: It is proposed that the
undesignated center heading be revised to read "Citation of prior art and
written statements."

   Section 1.501: Proposed § 1.501 is rewritten to reflect the amendment to
35 U.S.C. 301 by Section 6(g)(1) of the Leahy-Smith America Invents Act.
New 35 U.S.C. 301(a)(2) would permit a submission under 35 U.S.C. 301 and
1.501 to contain, in addition to prior art (currently provided for in §
1.501), "statements of the patent owner filed in a proceeding before a
Federal court or the Office in which the patent owner took a position on
the scope of any claim of a particular patent" (claim scope statements of
the patent owner). Proposed § 1.501 provides that a submission can include
prior art and claim scope statements of the patent owner. The term "Federal
court" in 35 U.S.C. 301(a)(2) is understood to also include the United
States Court of International Trade.

   Section 1.501(a): Proposed § 1.501(a)(1), like current § 1.501(a),
provides for submission to the Office of prior art directed to patents or
printed publications allegedly bearing on the patentability of any claim of
a particular patent. Section 1.501(a)(2) newly permits submission of
statements of the patent owner filed in a proceeding before a Federal court
or the Office in which the patent owner took a position on the scope of any
claim of a patent (claim scope statements). Any statement submitted under
this paragraph must be accompanied by any other documents, pleadings, or
evidence from the proceeding in which the statement was filed that address
the statement; and the statement and accompanying information under this
paragraph must be submitted in redacted form to exclude information subject
to an applicable protective order. For example, a third party may submit a
deposition of the patent owner occurring during the course of the Federal
court proceeding where the patent owner discusses the scope of a patent
claim. A party submitting any submission that includes § 1.501(a)(2)
information should also consider providing the following information to
assist the Office in identifying the proceeding where the patent owner
claim scope statement was made: (1) The forum in which the statement was
made (the specific Federal court or the Office); (2) the Federal court or
Office proceeding designation (case citation or numerical designation);
(3) the status of the proceeding; (4) the relationship of the proceeding to
the patent in which the submission is being made; (5) an identification of
the specific papers of the proceeding containing the statement of the
patent owner; and (6) an identification of the portion(s) of the papers
relevant to the written statement being asserted to constitute a statement
of the patent owner under 35 U.S.C. 301(a)(2). Any patent owner statement
regarding the scope of any claim of a particular patent made outside of a
Federal court or Office proceeding is not a written statement eligible for
submission under 35 U.S.C. 301(a)(2), even though it may be later entered
into a Federal court or Office proceeding by a party other than the patent
owner. See H.R. Rep. No. 112-98, Part 1, at page 46 (2011) ("[t]his
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 317 

addition will counteract the ability of patent owners to offer differing
interpretations of prior art in different proceedings").

   Section 1.501(b): Proposed § 1.501(b)(1) is directed to the 35 U.S.C.
301(b) requirement that the submission include an explanation "in writing
[of] the pertinency and manner of applying the prior art or written
statements" to at least one patent claim. Proposed § 1.501(b)(1) requires
an explanation as to how the information in the submission is pertinent to
the claim(s) of the patent and how it is applied to each of those claims.
In some instances, a combination of prior art and written statements may be
cited, while in other situations only prior art or written statements may
be cited. In either situation, an explanation as to how the cited
information applies to those specific claims must be included with the
submission of patent owner statements under 35 U.S.C. 301(a)(2). Section
1.501(b)(1) requires an explanation of the additional information required
by 35 U.S.C. 301(c) (as a result of the Leahy-Smith America Invents Act),
because the additional information addresses and provides context to the
written statement of the patent owner; thus, it provides an additional
explanation as to how the cited information is pertinent to the claim(s).

   Proposed § 1.501(b)(2) is directed to the substance of the second
sentence of current § 1.501(a), which provides regulatory authorization for
a patent owner submitter to include an explanation of how the claims differ
from the prior art submitted. Proposed § 1.501(b)(2) simply adds statements
of patent owner under 35 U.S.C. 301(a)(2) to the current regulatory
authorization.

   Section 1.501(c): Proposed § 1.501(c) restates the last sentence of
existing § 1.501(a) directed to the timing for a submission under §§ 1.502
and 1.902 when there is a reexamination proceeding pending for the patent
in which the submission is made. Pursuant to current § § 1.502 and 1.902,
entry (into the official patent file) of a proper submission that is made
after the date of an order to reexamine will be delayed (with certain
exceptions specified in §§ 1.502 and 1.902) until the reexamination
proceeding has been concluded by the issuance and publication of a
reexamination certificate. This prevents harassment of the patent owner by
frequent submissions of prior art made during a reexamination proceeding,
as well as unwarranted interruption and delay of the reexamination
proceeding, which would be contrary to the mandate under 35 U.S.C. 305 and
35 U.S.C. 314(c) that all reexamination proceedings are to be "conducted
with special dispatch within the Office."

   Section 1.501(d): Proposed § 1.501(d) restates existing § 1.501(b), to
permit the person making the submission to exclude his or her identity from
the patent file by anonymously filing the submission.

   Section 1.501(e): Proposed § 1.501(e) requires that a submission made
under § 1.501 must reflect that a copy of the submission has been served
upon the patent owner at the correspondence address of record in the
patent, and that service was carried out in accordance with § 1.248.
Service is required to provide notice to the patent owner of the
submission. The presence of a certificate of service compliant with
§ 1.248(b) is prima facie evidence of compliance with § 1.501(e). If
service upon patent owner is unsuccessful, the submission must include
proof of a bona fide attempt to serve. Proof of a bona fide attempt to
serve must include a statement of facts with an explanation of the
inability to serve the submission upon patent owner, along with all
supporting evidence of the attempt of service. The statement of facts must
be signed by a person having firsthand knowledge of the facts recited,
regarding unsuccessful service. The statement of facts should include the
steps taken to locate and serve the patent owner. A statement of facts
which provides a mere conclusion or assertion of unsuccessful service will
not satisfy this requirement. Copies of documentary proof such as
certified/registered mail receipts, cover letters, telegrams or other forms
of evidence that support a finding that the patent owner could not be
served should be made part of the statement of facts. A submission will not
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 318 

be entered into the patent's Image File Wrapper (IFW) if it does not
include either proof of service compliant with § 1.248(b) or a sufficient
explanation and proof of a bona fide attempt of service, and if such a
submission is inadvertently entered, it will be expunged. Where a
submission complies with the rule, all information included in the
submission will be made of record in the IFW of the patent. A best practice
for patent owners is to regularly monitor the IFW record of their patents
in the event that a third party was unsuccessful in serving the patent
owner at the correspondence address of record. Such regular monitoring
allows a patent owner to be aware of all information added to its patent
files.

   Section 1.501(f): Proposed § 1.501(f) limits the use of statements of
the patent owner and accompanying information submitted under § 1.501(a)(2)
to what is provided for in 35 U.S.C. 301(d). Thus, statements of the patent
owner and accompanying information submitted under paragraph (a)(2) may
only be used for determination of the proper meaning of a patent claim in:
(1) An ex parte reexamination proceeding that has been ordered pursuant to
35 U.S.C. 304; (2) an inter partes review proceeding that has been
instituted pursuant to 35 U.S.C. 314; and (3) a post grant review
proceeding that has been instituted pursuant to 35 U.S.C. 324. Proposed
§ 1.501(f) follows from new 35 U.S.C. 301(d), which provides that "a
written statement submitted pursuant to subSection (a)(2)" "shall not be
considered by the Office for any purpose other than to determine the proper
meaning of a patent claim in a proceeding that is ordered or instituted
pursuant to Section 304, 314, or 324." The reference to 35 U.S.C. 314 is
understood to apply to inter partes review, and not to inter partes
reexamination, because inter partes reexamination is being replaced by
inter partes review on the date that 35 U.S.C. 301(d) becomes effective
(i.e., September 16, 2012). While inter partes reexamination proceedings
already ordered will continue after September 16, 2012, 35 U.S.C. 314 is
understood not to apply to such proceedings.

   Section 1.510: Proposed § 1.510(b)(2) is revised, and new §§ 1.510(b)(6)
and (b)(7) are added to implement provisions of the Leahy-Smith America
Invents Act. Section 1.510(b)(2) is revised to require that a request for
reexamination identify every claim for which reexamination is requested,
and for any statement of the patent owner submitted pursuant to
§ 1.501(a)(2) which is relied upon in the detailed explanation, explain how
that statement is being used to determine the proper meaning of a patent
claim in connection with prior art applied to that claim. New 35 U.S.C.
301(d) provides that a statement of the patent owner, pursuant to
§ 1.501(a)(2), may be relied upon in the ex parte reexamination proceeding
only after reexamination has been ordered. In order to comply with the
requirement of 35 U.S.C. 302 that the "request must set forth the
pertinency and manner of applying cited prior art to every claim for which
reexamination is requested," the "detailed explanation" provided in the
request (pursuant to § 1.510(b)(2)) must explain how each § 1.501(a)(2)
statement is being used to determine the proper meaning of a patent claim
in connection with the applied prior art. This must be explained for each
claim for which the § 1.501(a)(2) statement is being used in the request,
and the explanation will be considered by the Office during the examination
stage, if reexamination is ordered. At the order stage, the Office will use
the broadest reasonable interpretation of the claims, without consideration
to any § 1.501(a)(2) statement relied upon in the detailed explanation of a
request.

   New § 1.510(b)(6) requires that the request contain a certification that
the statutory estoppel provisions of inter partes review and post grant
review do not bar the third party from requesting ex parte reexamination.
To complement this revision, § 1.510(b)(7) requires that the request
contain, as part of the certification, a statement identifying the real
party(ies) in interest to the extent necessary to determine whether an
inter partes review or post grant review filed subsequent to an ex parte
reexamination bars the third party from maintaining a pending ex parte
reexamination. An ex parte reexamination requester has the option to remain
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 319 

anonymous. In order to do so, the requester must: (1) Submit the statement
identifying the real party(ies) in interest as a separate paper; (2) title
the paper as a statement identifying the real party(ies) in interest; (3)
request in the paper that the Office to retain the paper in confidence by
sealing it; and (4) include, in a clear and conspicuous manner, an
appropriate instructional label designating the statement as a non-public
submission, e.g., NOT OPEN TO THE PUBLIC FOR OFFICE USE ONLY. The Office
will then maintain the real party(ies) in interest statement as a sealed,
non-public submission.

   The estoppel provisions of inter partes review and post grant review are
provided in new 35 U.S.C. 315(e)(1) and 325(e)(1), respectively. These
estoppel provisions bar a request for ex parte reexamination (or
maintenance of an ex parte reexamination) by a third party requester, the
requester's real party(ies) in interest, or a privy, where the requester
petitioned for an inter partes review or post grant review of a claim in
the patent that resulted in a final written decision with respect to that
claim on any ground that the petitioner raised or reasonably could have
raised during that inter partes review or post grant review. The
certification and identification in new § § 1.510(b)(6) and 1.510(b)(7) are
consistent with the practice of real party(ies) in interest identification
certification used for existing inter partes reexamination. As was the case
for implementation of §§ 1.915(b)(7) and 1.915(b)(8) for inter partes
reexamination, the certification and identification to be implemented via
new §§ 1.510(b)(6) and 1.510(b)(7) address Congress's desire to prevent
harassment of the patent owner by third parties. See H.R. Rep. No. 112-98
(Part 1), at 48.

   Section 1.515: Section 1.515 is revised to add: "A statement pursuant to
§ 1.501(a)(2) will not be considered by the examiner in the examiner's
determination on the request." New 35 U.S.C. 301(d) states: "A written
statement submitted pursuant to subSection (a)(2), and additional
information submitted pursuant to subSection (c) [of 35 U.S.C. 301], shall
not be considered by the Office for any purpose other than to determine the
proper meaning of a patent claim in a proceeding that is ordered * * *
pursuant to Section 304." The Office interprets 35 U.S.C. 301(d) as
prohibiting it from considering a § 1.501(a)(2) written statement when
making the determination of whether to order ex parte reexamination under
35 U.S.C. 303. See also H.R. Rep. No. 112-98, Part 1, at page 46 (2011).
In making the § 1.515(a) determination of whether to order ex parte
reexamination, the Office will generally (except in the rare case of an
expired patent), give the claims the broadest reasonable interpretation
consistent with the specification (See In re Yamamoto, 740 F.2d 1569, 222
USPQ 934 (Fed. Cir. 1984)). Consideration of the evidentiary weight to be
accorded to a 35 U.S.C. 301(a)(2) statement (as to the meaning of the
claims with respect to the ultimate patentability decision) will not be
given unless reexamination is ordered. If reexamination is ordered, the
patent owner statements submitted pursuant to 35 U.S.C. 301(a)(2) will be
considered to the fullest extent possible when determining the scope of any
claims in the patent which are subject to reexamination.

   Section 1.552: § 1.552 is rewritten to include new subsection § 1.552(d)
to reflect the amendment of 35 U.S.C. 301 by section 6(g)(1) of the
Leahy-Smith America Invents Act. Proposed § 1.552(d) states: "Any statement
of the patent owner and any accompanying information submitted pursuant to
§ 1.501(a)(2) which is of record in the patent being reexamined (which
includes any reexamination files for the patent) may be used after a
reexamination proceeding has been ordered to determine the proper meaning
of a patent claim when applying patents or printed publications." New 35
U.S.C. 301(a)(2) permits a submission under 35 U.S.C. 301 to contain
"statements of the patent owner filed in a proceeding before a Federal
court or the Office in which the patent owner took a position on the scope
of any claim of a particular patent." Thus, written statements cited under
new 35 U.S.C. 301(a)(2) may be considered after an ex parte reexamination
proceeding has been ordered, but not in making the determination of whether
to order ex parte reexamination under 35 U.S.C. 303. See 35 U.S.C. 301(d).
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 320 

See also H.R. Rep. No. 112-98, Part 1, at page 46 (2011).

   The Office also proposes to change the nomenclature in title 37 CFR to
reflect renaming the "Board of Patent Appeals and Interferences" as the
"Patent Trial and Appeal Board," including changes for the new trial
proceedings of inter partes review, post grant review, and derivation.
Specifically, the Office proposes to change "Board of Patent Appeals and
Interferences" to the "Patent Trial and Appeal Board" in 37 CFR parts 1,
11, and 41 (in § § 1.1(a)(1)(ii), 1.4(a)(2), 1.6(d)(9), 1.8(a)(2)(i)(C),
1.9(g), 1.17(b), 1.36(b), 1.48(j), 1.136(a)(1)(iv), 1.136(a)(2), 1.136(b),
1.181(a)(1), 1.181(a)(3), 1.191, 1.197(a), 1.198, 1.248(c), 1.294(b),
1.301, 1.303(a), 1.304(a)(1), 1.304(a)(1)(ii), 1.324(d), 1.550(a),
1.701(a)(3), 1.701(c)(3), 1.702(a)(3), 1.702(b)(4), 1.702(e), 1.703(a)(5),
1.703(b)(4), 1.703(e), 1.704(c)(9), 1.937(a), 1.959, 1.979(a), 1.979(b),
1.981, 1.983(a), 1.983(c), 1.983(d), 1.983(f), 11.5(b)(1), 11.6(d),
41.1(a), 41.2, 41.10(a)-(c), and 41.77(a), and in the title of part 41).
The Office likewise proposes to add specific references to trial
proceedings before the Patent Trial and Appeal Board to § § 1.5(c), 1.6(d),
1.6(d)(9), 1.11(e), 1.136(a)(2), 1.136(b), 1.178(b), 1.248(c), 1.322(a)(3),
1.324(a), 1.324(d), 1.565(a), 1.565(e), 1.985(a), 1.985(b), 1.993, 10.1(s),
11.10(b)(3)(iii), and 11.57(b)(1)(i). Finally, the Office proposes to add
specific references to derivation proceedings to §§ 1.48(j), 1.55(a)(3)(i),
1.55(a)(4)(i)(A), 1.103(g), 1.136(a)(1)(v), 1.313(b)(4), 1.701(a)(1),
1.701(c)(1)(i-ii), 1.701(c)(2)(iii), 1.702(b)(2), 1.702(c),
1.703(b)(2)(i-ii), 1.703(b)(3)(iii), 1.703(c)(1-2), 1.703(d)(3), and
5.3(b).

III. Rulemaking Considerations

   A. Administrative Procedure Act (APA): This proposed rule revises
existing rules governing prior art citations and patent owner statements in
a patent file and ex parte reexamination to implement the following
provisions of Sections 3 and 6 of the Leahy-Smith America Invents Act: (1)
Section 6(g) which amends 35 U.S.C. 301, to expand the scope of information
that can be submitted in the file of an issued patent; (2) the provisions
of Sections 6(a) and 6(d) (which newly enact inter partes review and post
grant review, respectively) that provide for estoppels effective as to
proceedings before the Office, including but not limited to reexamination;
and (3) Sections 3(j) and 7 which change the title "Board of Patent Appeals
and Interferences" to "Patent Trial and Appeal Board," and change
references to interference proceedings to derivation proceedings.

   Therefore, the changes in this proposed rule are merely procedural
and/or interpretive. See Bachow Communs., Inc. v. FCC, 237 F.3d 683, 690
(DC Cir. 2001) (rules governing an application process are procedural under
the Administrative Procedure Act); Inova Alexandria Hosp. v. Shalala, 244
F.3d 242, 350 (4th Cir. 2001) (rules for handling appeals were procedural
where they did not change the substantive standard for reviewing claims);
Nat'l Org. of Veterans' Advocates v. Sec'y of Veterans Affairs, 260 F.3d
1365, 1375 (Fed. Cir. 2001) (rule that clarifies interpretation of a
statute is interpretive).

   Accordingly, prior notice and opportunity for public comment are not
required pursuant to 5 U.S.C. 553(b) or (c) (or any other law) and
thirty-day advance publication is not required pursuant to 5 U.S.C. 553(d)
(or any other law). See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37
(Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B),
does not require notice and comment rulemaking for "interpretative rules,
general statements of policy, or rules of agency organization, procedure,
or practice.") (quoting 5 U.S.C. 553(b)(A)). The Office, however, is
publishing these changes for comment as it seeks the benefit of the
public's views on the Office's proposed implementation of these provisions
of the Leahy-Smith America Invents Act.

   B. Regulatory Flexibility Act: As prior notice and an opportunity for
public comment are not required pursuant to 5 U.S.C. 553 or any other law,
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 321 

neither a regulatory flexibility analysis nor a certification under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is required. See 5 U.S.C.
603.

   C. Executive Order 12866 (Regulatory Planning and Review): This
rulemaking has been determined to be not significant for purposes of
Executive Order 12866 (Sept. 30, 1993).

   D. Executive Order 13563 (Improving Regulation and Regulatory Review):
The Office has complied with Executive Order 13563. Specifically, the
Office has, to the extent feasible and applicable: (1) Made a reasoned
determination that the benefits justify the costs of the rule; (2) tailored
the rule to impose the least burden on society consistent with obtaining
the regulatory objectives; (3) selected a regulatory approach that
maximizes net benefits; (4) specified performance objectives; (5)
identified and assessed available alternatives; (6) involved the public in
an open exchange of information and perspectives among experts in relevant
disciplines, affected stakeholders in the private §or and the public as a
whole, and provided on-line access to the rulemaking docket; (7) attempted
to promote coordination, simplification, and harmonization across
government agencies and identified goals designed to promote innovation;
(8) considered approaches that reduce burdens and maintain flexibility and
freedom of choice for the public; and (9) ensured the objectivity of
scientific and technological information and processes.

   E. Executive Order 13132 (Federalism): This rulemaking does not contain
policies with federalism implications sufficient to warrant preparation of
a Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).

   F. Executive Order 13175 (Tribal Consultation): This rulemaking will
not: (1) Have substantial direct effects on one or more Indian tribes; (2)
impose substantial direct compliance costs on Indian tribal governments; or
(3) preempt tribal law. Therefore, a tribal summary impact statement is not
required under Executive Order 13175 (Nov. 6, 2000).

   G. Executive Order 13211 (Energy Effects): This rulemaking is not a
significant energy action under Executive Order 13211 because this
rulemaking is not likely to have a significant adverse effect on the
supply, distribution, or use of energy. Therefore, a Statement of Energy
Effects is not required under Executive Order 13211 (May 18, 2001).

   H. Executive Order 12988 (Civil Justice Reform): This rulemaking meets
applicable standards to minimize litigation, eliminate ambiguity, and
reduce burden as set forth in Sections 3(a) and 3(b)(2) of Executive Order
12988 (Feb. 5, 1996).

   I. Executive Order 13045 (Protection of Children): This rulemaking does
not concern an environmental risk to health or safety that may
disproportionately affect children under Executive Order 13045 (Apr. 21,
1997).

   J. Executive Order 12630 (Taking of Private Property): This rulemaking
will not effect a taking of private property or otherwise have taking
implications under Executive Order 12630 (Mar. 15, 1988).

   K. Congressional Review Act: Under the Congressional Review Act
provisions of the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the United
States Patent and Trademark Office will submit a report containing the
final rule and other required information to the United States Senate, the
United States House of Representatives, and the Comptroller General of the
Government Accountability Office. The changes in this notice are not
expected to result in an annual effect on the economy of 100 million
dollars or more, a major increase in costs or prices, or significant
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based enterprises to compete
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 322 

with foreign-based enterprises in domestic and export markets. Therefore,
this notice is not expected to result in a "major rule" as defined in 5
U.S.C. 804(2).

   L. Unfunded Mandates Reform Act of 1995: The changes proposed in this
notice do not involve a Federal intergovernmental mandate that will result
in the expenditure by State, local, and tribal governments, in the
aggregate, of 100 million dollars (as adjusted) or more in any one year, or
a Federal private §or mandate that will result in the expenditure by the
private §or of 100 million dollars (as adjusted) or more in any one year,
and will not significantly or uniquely affect small governments. Therefore,
no actions are necessary under the provisions of the Unfunded Mandates
Reform Act of 1995. See 2 U.S.C. 1501 et seq.

   M. National Environmental Policy Act: This rulemaking will not have any
effect on the quality of the environment and is thus categorically excluded
from review under the National Environmental Policy Act of 1969. See 42
U.S.C. 4321 et seq.

   N. National Technology Transfer and Advancement Act: The requirements of
Section 12(d) of the National Technology Transfer and Advancement Act of
1995 (15 U.S.C. 272 note) are not applicable because this rulemaking does
not contain provisions which involve the use of technical standards.

   O. Paperwork Reduction Act: The Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) requires that the Office consider the impact of
paperwork and other information collection burdens imposed on the public.
This proposed rulemaking involves information collection requirements
which are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3549). The
collection of information involved in this notice has been submitted to
OMB under OMB control number 0651-00xx. The proposed collection will be
available at OMB's Information Collection Review Web site
(http://www.reginfo.gov/public/do/PRAMain).

   Needs and Uses: This information collection is necessary so that the
public may file, in a patent, submissions of patents and printed
publications, and statements of the patent owner filed in a proceeding
before a Federal court or the Office in which the patent owner took a
position on the scope of any claim of the patent. The public may use this
information to aid in ascertaining the patentability and/or scope of the
claims of the patent.

   Title of Collection: Post Patent Public Submissions.

   OMB Control Number: 0651-00xx.

   Method of Collection: By mail, facsimile, hand delivery, or
electronically to the Office.

   Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.

   Estimated Number of Respondents: 1,000 responses per year.

   Estimated Time Per Response: The Office estimates that the responses in
this collection will take the public 10 hours.

   Estimated Total Annual Respondent Burden Hours: 10,000 hours per year.

   Estimated Total Annual Respondent Cost Burden: $3,400,000 per year.

   The Office is soliciting comments to: (1) Evaluate whether the proposed
information requirement is necessary for the proper performance of the
functions of the Office, including whether the information will have
practical utility; (2) evaluate the accuracy of the Office's estimate of
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 323 

the burden; (3) enhance the quality, utility, and clarity of the
information to be collected; and (4) minimize the burden of collecting the
information on those who are to respond, including by using appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology.

   Please send comments on or before March 5, 2012 to Mail Stop
Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA,
22313-1450, marked to the attention of Raul Tamayo, Legal Advisor, Office
of Patent Legal Administration, Office of the Associate Commissioner for
Patent Examination Policy. Comments should also be submitted to the Office
of Information and Regulatory Affairs, Office of Management and Budget, New
Executive Office Building, Room 10202, 725 17th Street NW., Washington, DC
20503, Attention: Desk Officer for the Patent and Trademark Office.

   Notwithstanding any other provision of law, no person is required to
respond to, nor shall a person be subject to a penalty for failure to
comply with, a collection of information subject to the requirements of the
Paperwork Reduction Act, unless that collection of information displays a
currently valid OMB control number.

List of Subjects in 37 CFR Part 1

   Administrative practice and procedure, Courts, Freedom of information,
Inventions and patents, Reporting and record keeping requirements, Small
businesses, and Biologics.

   For the reasons set forth in the preamble, 37 CFR Part 1 is proposed to
be amended as follows:

PART 1--RULES OF PRACTICE IN PATENT CASES

   1. The authority citation for 37 CFR Part 1 continues to read as
follows:

   Authority:  35 U.S.C. 2(b)(2), unless otherwise noted.

   2. The undesignated center heading before § 1.501 is revised to read as
follows:

Citation of Prior Art and Written Statements

   3. Section 1.501 is revised to read as follows:

§ 1.501  Citation of prior art and written statements in patent files.

   (a) Information content of submission: At any time during the period of
enforceability of a patent, any person may file a written submission with
the Office under this Section, which is directed to the following
information:

   (1) Prior art consisting of patents or printed publications which the
person making the submission states to have a bearing on the patentability
of any claim of the patent; or

   (2) Statements of the patent owner filed in a proceeding before a
Federal court or the Office in which the patent owner took a position on
the scope of any claim of the patent. Any statement submitted under this
paragraph must be accompanied by any other documents, pleadings, or
evidence from the proceeding in which the statement was filed that address
the written statement, and such statement and accompanying information
under this paragraph must be submitted in redacted form to exclude
information subject to an applicable protective order. Submission of a
statement of the patent owner made outside of a Federal court or Office
proceeding and later filed for inclusion in a Federal court or Office
proceeding is not permitted by this Section, and such a submission will not
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 324 

be entered into the patent file.

   (b) Explanation included: A submission pursuant to paragraph (a) of this
Section:

   (1) Must explain in writing the pertinence and manner of applying any
prior art submitted under paragraph (a)(1) of this Section and any written
statement and accompanying information submitted under paragraph (a)(2) of
this Section to at least one claim of the patent, in order for the
submission to become a part of the official file of the patent; and

   (2) May, if the submission is made by the patent owner, include an
explanation of how the claims differ from any prior art submitted under
paragraph (a)(1) of this Section or any written statements and accompanying
information submitted under paragraph (a)(2) of this Section.

   (c) Reexamination pending: If a reexamination proceeding has been
requested and is pending for the patent in which the submission is filed,
entry of the submission into the official file of the patent is subject to
the provisions of § § 1.502 and 1.902.

   (d) Identity: If the person making the submission wishes his or her
identity to be excluded from the patent file and kept confidential, the
submission papers must be submitted anonymously without any identification
of the person making the submission.

   (e) Service of the submission: A submission made under this Section must
reflect that a copy of the submission has been served upon the patent owner
at the correspondence address of record in the patent, in accordance with
§ 1.248, or that a bona fide attempt of service was made. A submission that
fails to include either proof of service or a sufficient explanation and
proof of a bona fide attempt of service will not be entered into the patent
file, and will be expunged if inadvertently entered.

   (f) Consideration of statements of patent owner: Statements of the
patent owner and accompanying information submitted under paragraph (a)(2)
of this Section shall not be considered by the Office for any purpose other
than as provided for in 35 U.S.C. 301(d) . If reexamination is ordered, the
patent owner statements submitted pursuant to Section 301(a)(2) will be
considered when determining the scope of any claims in the patent subject
to reexamination.

   4. Section 1.510 is amended by revising paragraph (b)(2), and adding new
paragraphs (b)(6) and (b)(7), to read as follows:

§ 1.510  Request for ex parte reexamination.

* * * * *

   (b) * * *

   (2) An identification of every claim for which reexamination is
requested, and a detailed explanation of the pertinency and manner of
applying the cited prior art to every claim for which reexamination is
requested. For each statement and accompanying information of the patent
owner submitted pursuant to § 1.501(a)(2) which is relied upon in the
detailed explanation, the request must explain how that statement is being
used to determine the proper meaning of a patent claim in connection with
the prior art applied to that claim and how each relevant claim is being
interpreted. If appropriate, the party requesting reexamination may also
point out how claims distinguish over cited prior art.

* * * * *

   (6) A certification that the statutory estoppel provisions of both inter
partes review (35 U.S.C. 315(e)(1)) and post grant review (35 U.S.C.
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 325 

325(e)(1)) do not prohibit the ex parte reexamination.

   (7) A statement identifying the real party(ies) in interest to the
extent necessary to determine whether any inter partes review or post
grant review filed subsequent to an ex parte reexamination bars a pending
ex parte reexamination filed by the real party(ies) in interest or its
privy from being maintained.

   5. Section 1.515 is amended by revising paragraph (a) to read as
follows:

§ 1.515  Determination of the request for ex parte reexamination.

   (a) Within three months following the filing date of a request for an ex
parte reexamination, an examiner will consider the request and determine
whether or not a substantial new question of patentability affecting any
claim of the patent is raised by the request and the prior art cited
therein, with or without consideration of other patents or printed
publications. A statement and any accompanying information submitted
pursuant to § 1.501(a)(2) will not be considered by the examiner in the
examiner's determination on the request. The examiner's determination will
be based on the claims in effect at the time of the determination, will
become a part of the official file of the patent, and will be mailed to the
patent owner at the address provided for in § 1.33(c) and to the person
requesting reexamination.

* * * * *

   6. Section 1.552 is amended by adding new paragraph (d) to read as
follows:

§ 1.552  Scope of reexamination in ex parte reexamination proceedings.

* * * * *

   (d) Any statement of the patent owner and any accompanying information
submitted pursuant to § 1.501(a)(2) which is of record in the patent being
reexamined (which includes any reexamination files for the patent) may be
used after a reexamination proceeding has been ordered to determine the
proper meaning of a patent claim when applying patents or printed
publications.

December 30, 2011                                           DAVID J. KAPPOS
                                               Under §etary of Commerce for
                                  Intellectual Property and Director of the
                                  United States Patent and Trademark Office
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 326 

Changes To Implement the Preissuance Submissions by Third Parties Provision of the Leahy-Smith America Invents Act
                            DEPARTMENT OF COMMERCE
                   United States Patent and Trademark Office
                                 37 CFR Part 1
                         [Docket No. PTO-P-2011-0073]
                                 RIN 0651-AC67

             Changes To Implement the Preissuance Submissions by
        Third Parties Provision of the Leahy-Smith America Invents Act

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: The United States Patent and Trademark Office (Office) is
proposing changes to the rules of patent practice to implement the
preissuance submissions by third parties provision of the Leahy-Smith
America Invents Act. This provision provides a mechanism for third parties
to contribute to the quality of issued patents by submitting to the Office,
for consideration and inclusion in the record of patent applications, any
patents, published patent applications, or other printed publications of
potential relevance to the examination of the applications. A preissuance
submission may be made in any non-provisional utility, design, and plant
application, as well as in any continuing or reissue application. A
third-party preissuance submission must include a concise description of
the asserted relevance of each document submitted and be submitted within a
certain statutorily specified time period. The third party must submit a
fee as prescribed by the Director and a statement that the submission
complies with all of the statutory requirements. The third-party
preissuance submission provision of the Leahy-Smith America Invents Act is
effective on September 16, 2012, and applies to any application filed
before, on, or after September 16, 2012.

   Comment Deadline: Written comments must be received on or before March
5, 2012.

ADDRESSES: Comments should be sent by electronic mail message over the
Internet addressed to: preissuance_submissions@uspto.gov. Comments may also
be submitted by postal mail addressed to: Mail Stop Comments--Patents,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA, 22313 1450, marked
to the attention of Nicole D. Haines, Legal Advisor, Office of Patent Legal
Administration, Office of the Associate Commissioner for Patent Examination
Policy.

   Comments may also be sent by electronic mail message over the Internet
via the Federal eRulemaking Portal. See the Federal eRulemaking Portal Web
site (http://www.regulations.gov) for additional instructions on providing
comments via the Federal eRulemaking Portal.

   Although comments may be submitted by postal mail, the Office prefers to
receive comments by electronic mail message over the Internet because
sharing comments with the public is more easily accomplished. Electronic
comments are preferred to be submitted in plain text, but also may be
submitted in ADOBE[supreg] portable document format or MICROSOFT
WORD[supreg] format. Comments not submitted electronically should be
submitted on paper in a format that facilitates convenient digital scanning
into ADOBE[supreg] portable document format.

   The comments will be available for public inspection at the Office of
the Commissioner for Patents, currently located in Madison East, Tenth
Floor, 600 Dulany Street, Alexandria, Virginia. Comments also will be
available for viewing via the Office's Internet Web site
(http://www.uspto.gov). Because comments will be made available for public
inspection, information that the submitter does not desire to make public,
such as an address or phone number, should not be included in the comments.

 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 327 

FOR FURTHER INFORMATION CONTACT: Nicole D. Haines, Legal Advisor ((571)
272 7717), Pinchus M. Laufer, Senior Legal Advisor ((571) 272-7726), or
Hiram H. Bernstein, Senior Legal Advisor ((571) 272-7707), Office of Patent
Legal Administration, Office of the Associate Commissioner for Patent
Examination Policy.

SUPPLEMENTARY INFORMATION: The Leahy-Smith America Invents Act was enacted
into law on September 16, 2011. See Public Law 112-29, 125 Stat. 284
(2011). This notice proposes changes to the rules of practice to implement
Section 8 of the Leahy-Smith America Invents Act, which provides a
mechanism for third parties to submit to the Office, for consideration and
inclusion in the record of a patent application, any patents, published
patent applications, or other printed publications of potential relevance
to the examination of the application.

   Section 8 of the Leahy-Smith America Invents Act amends 35 U.S.C. 122 by
adding 35 U.S.C. 122(e), which enumerates certain conditions that apply to
a third-party preissuance submission to the Office in a patent application.
Pursuant to 35 U.S.C. 122(e), third-party preissuance submissions of
patents, published patent applications, or other printed publications must
be made in patent applications before the earlier of: (a) The date a notice
of allowance under 35 U.S.C. 151 is given or mailed in the application; or
(b) the later of (i) six months after the date on which the application is
first published under 35 U.S.C. 122 by the Office, or (ii) the date of the
first rejection under 35 U.S.C. 132 of any claim by the examiner during the
examination of the application. 35 U.S.C. 122(e) also requires a concise
description of the asserted relevance of each document submitted, a fee as
prescribed by the Director, and a statement by the person making the
third-party preissuance submission that the submission was made in
compliance with 35 U.S.C. 122(e). A preissuance submission by a third party
may be made in any non-provisional utility, design, or plant application,
as well as in any continuing or reissue application.

   The preissuance submissions by third parties provision of the
Leahy-Smith America Invents Act takes effect on September 16, 2012. This
provision applies to any patent application filed before, on, or after
September 16, 2012.

   The Office plans to permit third-party preissuance submissions to be
filed via the Office electronic filing system (EFS-Web). However,
third-party preissuance submissions, whether submitted in paper or
electronically via EFS-Web, would not be automatically entered into the
electronic image file wrapper (IFW) for an application. Instead,
preissuance submissions submitted by third parties would be reviewed to
determine compliance with 35 U.S.C. 122(e) and new 37 CFR 1.290 before
being entered into the IFW. Third parties filing preissuance submissions
electronically via EFS-Web, will receive immediate, electronic
acknowledgment of the Office's receipt of the submission, instead of
waiting for the Office to mail a return postcard.

   The current EFS-Web Legal Framework prohibits third-party submissions
under 37 CFR 1.99 and 37 CFR 1.291 in patent applications because
electronically filed documents are instantly loaded into the IFW. See
Legal Framework for Electronic Filing System--Web (EFS-Web), 74 FR 55200,
55202, 55206-7 (October 27, 2009). Because third-party preissuance
submissions would be permitted to be filed electronically under the
proposed rule, the Office intends to protect applicants by establishing
procedures to determine whether a third-party preissuance submission is in
compliance with the requirements of new 37 CFR 1.290 before entering the
submission into the IFW of an application or making the submission
available to an examiner for consideration. The Office intends to complete
such determination, for both paper and electronic submissions, promptly
following receipt of the submission so that compliant preissuance
submissions would be quickly entered into the IFW and made available to the
examiner for consideration. Non-compliant third-party preissuance
submissions would not be entered into the IFW of an application or
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 328 

considered and would be discarded. Also, no refund of the required fees
would be provided in the event a preissuance submission is determined to be
non-compliant. If an electronic mail message address is provided with a
third party preissuance submission, the Office may attempt to notify the
third party submitter of such non-compliance; however, the statutory time
period for making a preissuance submission would not be tolled by the
initial non-compliant submission.

   The Office does not plan to require that the third party serve the
applicant with a copy of the third-party's preissuance submission. Nor does
the Office intend to directly notify the applicant upon entry of a
third-party preissuance submission. However, the contents of a compliant
third-party preissuance submission will be made available to the applicant
via its entry in the IFW of the patent application. By not requiring
service of third-party preissuance submissions on the applicant, the Office
is underscoring that such third-party submissions will not create a duty on
the part of the applicant to independently file the submitted documents
with the Office in an information disclosure statement (IDS). Additionally,
challenges regarding whether service of a third-party preissuance
submission was proper could negatively impact the pendency of the
application.

   35 U.S.C. 122(e) does not limit third-party preissuance submissions to
pending applications. A third-party preissuance submission made within the
statutory time period, and otherwise compliant, would be entered even if
the application to which the submission is directed has been abandoned. An
examiner would not consider such preissuance submission unless the
application resumes a pending status (e.g., the application is revived, the
notice of abandonment is withdrawn, etc.). The abandonment of an
application will not, however, toll the statutory time period for making a
preissuance submission. Additionally, a third-party preissuance submission
made within the statutory time period, and otherwise compliant, would be
entered even if the application to which the submission is directed has not
been published.

   Compliant third-party preissuance submissions would be considered by the
examiner when the examiner next takes up the application for action
following the entry of the preissuance submission into the IFW. An examiner
would consider the documents and concise descriptions submitted in a
compliant third-party preissuance submission in the same manner that the
examiner considers information and concise explanations of relevance
submitted as part of an IDS. Generally with the next Office action, a copy
of the third party's listing of documents, with an indication of which
documents were considered by the examiner, would be provided to the
applicant. Documents considered by the examiner would be printed on the
patent. Accordingly, an applicant would not need to file an IDS to have the
same documents that were previously submitted by a third party as part of a
compliant preissuance submission considered by the examiner in the
application.

   The Office plans to have examiners acknowledge in the record of the
patent application the examiner's consideration of the documents submitted.
This will be done in a manner similar to that of the examiner's
consideration of applicant-submitted documents filed as part of an IDS. For
example, the examiner would indicate at the bottom of each page of a
preissuance submission "All documents considered except where lined
through," along with the examiner's electronic initials and the examiner's
electronic signature on the final page of the submission. See, e.g., Manual
of Patent Examining Procedure (MPEP) § 609.05(b) (8th ed. 2001) (Rev. 8,
July 2010). Such indication by the examiner placed at the bottom of each
page of a preissuance submission would mean that the examiner has
considered the listed documents and their accompanying concise
descriptions. Striking through a document would mean that the examiner did
not consider either the document or its accompanying concise description
(e.g., because the document was listed improperly, a copy of the document
was not submitted, or a concise description was not provided for that
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 329 

document).

   Since it would be advantageous for examiners to have the best art before
them prior to issuing the first Office action on the merits, and because a
first action allowance in the application could close the time period for
making a preissuance submission under 35 U.S.C. 122(e), third parties
should consider providing any preissuance submission at the earliest
opportunity. Additionally, because highly relevant documents can be
obfuscated by voluminous submissions, third parties should limit any
preissuance submission to the most relevant documents and should avoid
submitting documents that are cumulative in nature. Third parties need not
submit documents that are cumulative of each other or that are cumulative
of information already under consideration by the Office. Third parties are
reminded that 35 U.S.C. 122(e) requires that the documents submitted be "of
potential relevance to the examination of the application" and that the
relevance of each document submitted must be provided in an accompanying
concise description.

   The Director is proposing to set the fees for third-party preissuance
submissions to recover costs to the Office for third-party preissuance
submissions to the Office. 35 U.S.C. 122(e) expressly provides for "such
fee as the Director may prescribe." The Office is setting fees for
third-party preissuance submissions in this rulemaking pursuant to its
authority under 35 U.S.C. 41(d)(2), which provides that fees for all
processing, services, or materials relating to patents not specified in 35
U.S.C. 41 are to be set at amounts to recover the estimated average cost to
the Office of such processing, services, or materials. See 35 U.S.C.
41(d)(2). The current rules of practice (37 CFR 1.99) provide for a
third-party submission of up to ten documents for the fee set forth in 37
CFR 1.17(p) (currently $180.00). The Office expects the processing costs to
the Office for third-party preissuance submissions under new 37 CFR 1.290
to be equivalent to the processing costs to the Office for submissions
under 37 CFR 1.99. Accordingly, the Office has determined that the fee set
forth in 37 CFR 1.17(p) would also be applicable to third-party preissuance
submissions under 37 CFR 1.290 and proposes to require the fee set forth in
37 CFR 1.17(p) for every ten documents, or fraction thereof, listed in each
third-party preissuance submission.

   The Office proposes to provide an exemption from this fee requirement
where a preissuance submission lists three or fewer total documents and is
the first preissuance submission submitted in an application by a third
party or a party in privity with the third party. The Office is providing
this fee exemption for the first preissuance submission in an application
by a third party containing three or fewer total documents because the
submission of a limited number of documents is more likely to assist in the
examination process and thus offset the cost of processing the submission.
Moreover, keeping the size of the fee exempted submission to three or fewer
total documents will help to focus the attention of third parties on
finding and submitting only the most relevant art to the claims at hand.
Where one third party takes advantage of the fee exemption in an
application, another third party is not precluded from also taking
advantage of the fee exemption in the same application provided that the
third parties are not in privity with each other.

   The Office proposes to implement 35 U.S.C. 122(e) in a new rule 37 CFR
1.290 and to eliminate § 1.99. While current § 1.99 provides for
third-party submissions of patents, published patent applications, or
printed publications, it does not permit an accompanying concise
description of relevance of each document and limits the time period for
such submissions to up to two months after the date of the patent
application publication, or the mailing of a notice of allowance, whichever
is earlier. By contrast, new 35 U.S.C. 122(e) and proposed 37 CFR 1.290
permit third parties to submit the same types of documents, but with an
accompanying concise description of relevance of each document submitted
and provide third parties with the same or more time to file preissuance
submissions with the Office when compared with current 37 CFR 1.99.
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 330 

Accordingly, the Office proposes to eliminate 37 CFR 1.99 in favor of new
37 CFR 1.290.

   The Office also plans to eliminate the public use proceeding provisions
of 37 CFR 1.292. Because Section 6 of the Leahy-Smith America Invents Act
makes available a post-grant review proceeding in which prior public use
may be raised, the pre-grant public use proceeding set forth in 37 CFR
1.292 is no longer considered necessary. Additionally, information on prior
public use may be submitted by third parties by way of a protest in a
pending application when the requirements of 37 CFR 1.291 have been met,
and utilization of 37 CFR 1.291 would promote Office efficiency with
respect to treatment of these issues. Requests for a public use proceeding
under 37 CFR 1.292 are also very rare. The few public use proceedings
conducted each year are a source of considerable delay in the involved
applications and seldom lead to the rejection of claims.

   In view of the proposed elimination of 37 CFR 1.99 and 37 CFR 1.292, the
Office proposes to amend 37 CFR 1.17 to eliminate the document submission
fees pertaining to 37 CFR 1.99 and 37 CFR 1.292. The Office also proposes
to amend 37 CFR 1.17 to add the document submission fees pertaining to new
37 CFR 1.290.

   For ease of compliance, the Office proposes to amend 37 CFR 1.291 to
make the requirements for submitting protests against pending patent
applications more clear and, where appropriate, more consistent with the
proposed requirements of new 37 CFR 1.290.

Discussion of Specific Rules

   Title 37 of the Code of Federal Regulations, Part 1, is proposed to be
amended as follows:

   Section 1.99: Section 1.99 is proposed to be removed and reserved.
Section 1.99 is unnecessary because proposed § 1.290 provides for
third-party preissuance submissions of patents, published patent
applications, and other printed publications to the Office for
consideration and inclusion in the record of a patent application, with a
concise description of the relevance of each document being submitted and
within time periods that are the same or greater than those permitted under
§ 1.99.

   Section 1.290: Section 1.290(a) as proposed provides that a third party
may submit, for consideration and entry in the record of a patent
application, any patents, published patent applications, or other printed
publications of potential relevance to the examination of the application
if the submission complies with 35 U.S.C. 122(e) and the requirements of
§ 1.290, and provides that the submission will not be entered or considered
by the Office if the submission is not in compliance with 35 U.S.C. 122(e)
and § 1.290. Because § 1.290(a) as proposed requires preissuance
submissions be directed to patent applications, the Office would not accept
preissuance submissions directed to issued patents. Such submissions should
be filed in accordance with § 1.501. Section 1.290(a) as proposed does not
require that the application be published. For example, the Office would
accept a compliant preissuance submission directed to an application in
which a nonpublication request has been filed pursuant to 35 U.S.C.
122(b)(2)(B)(i) and § 1.213. Preissuance submissions under § 1.290 as
proposed may be directed to non-provisional utility, design, and plant
applications, as well as to continuing and reissue applications.

   Also, § 1.290(a) as proposed limits the type of information that may be
submitted to patent publications, which include patents and published
patent applications, and other printed publications of potential relevance
to the examination of a patent application. For example, a submission under
§ 1.290 could not include unpublished internal documents or other
non-patent documents which do not qualify as "printed publications." See
MPEP § 2128. In the case of a preissuance submission that includes a
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 331 

lengthy document, a third party could submit the relevant portion of the
document (e.g., one chapter of a book) in lieu of the entire document where
it is practical to do so. Because 35 U.S.C. 122(e) does not limit the type
of information that may be submitted to prior art, there is no requirement
in § 1.290(a) as proposed that the information submitted be prior art
documents in order to be considered by the examiner. Further, in those
situations where a third party is asserting that a document submitted is
prior art, the third party bears the burden of establishing the date of the
document where the date is not apparent from the document regardless
whether the document is in paper or electronic format. In such situations,
the third party may submit evidence in the form of affidavits,
declarations, or other evidence. Such evidence will not be counted toward
the document count, unless the document is in the form of a patent document
or other printed publication and the document, itself, is listed and
submitted for consideration by the examiner.

   Section 1.290(b) as proposed sets forth the time periods in which a
third party may file a preissuance submission. Under § 1.290(b) as
proposed, any third-party submission under this section must be filed
before the earlier of: (1) The date a notice of allowance under § 1.311 is
given or mailed in the application; or (2) the later of: (i) six months
after the date on which the application is first published by the Office
under 35 U.S.C. 122(b) and § 1.211, or (ii) the date the first rejection
under § 1.104 of any claim by the examiner is given or mailed during the
examination of the application.

   The time periods provided for in § 1.290(b) are statutory and cannot be
waived. Thus, the Office cannot grant any request for extension of the
§ 1.290(b) time periods. Also, preissuance submissions must be filed
before, not on, the dates identified in § 1.290(b)(i), (b)(2)(i), and
(b)(2)(ii). A preissuance submission under § 1.290 is filed on its date of
receipt in the Office as set forth in § 1.6 (the provisions of § 1.8 do not
apply to a preissuance submission under § 1.290). Third-party preissuance
submissions that are not timely filed would not be entered or considered
and would be discarded.

   Proposed § 1.290(b)(2)(i) highlights a distinction in the statutory
language of 35 U.S.C. 122(c) and (e) with respect to publication of the
application. 35 U.S.C. 122(c) broadly refers to "publication of the
application," whereas new 35 U.S.C. 122(e) refers to an application "first
published under section 122 by the Office." The § 1.290(b)(2)(i) time
period would be initiated only by publications by the Office under 35
U.S.C. 122(b) and § 1.211, and would not be initiated by a publication by
the World Intellectual Property Organization (WIPO). Thus, an earlier
publication by WIPO of an international application designating the U.S.
filed on or after November 29, 2000, would not be considered a publication
that would initiate the § 1.290(b)(2)(i) time period for an application
which entered the national stage from the international application after
compliance with 35 U.S.C. 371. Further, where the Office republishes an
application due to material mistake of the Office pursuant to 37 CFR
1.221(b), the date on which the application is republished will be
considered the date the application is "first published by the Office"
under § 1.290(b)(2)(i).

   The proposed new § 1.290(b)(2)(ii) time period would be initiated by the
date the first rejection under § 1.104 of any claim by the examiner is
given or mailed during the examination of the application. The
§ 1.290(b)(2)(ii) time period would not be initiated, for example, by a
first Office action that only contains a restriction requirement or where
the first Office action is an action under Ex parte Quayle, 1935 Dec.
Comm'r Pat. 11 (1935).

   Section 1.290(c) as proposed requires a preissuance submission to be
made in writing. For a paper filing, the third party may include a
self-addressed postcard with the preissuance submission to receive an
acknowledgment by the Office that the preissuance submission has been
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 332 

received. For an electronic filing, the third party will receive immediate,
electronic acknowledgment of the Office's receipt of the submission. In
either case, the third party will not receive any communications from the
Office relating to the submission other than the self-addressed postcard or
electronic acknowledgment of receipt. Section 1.290(c) as proposed also
requires that the application to which the third-party submission is
directed be identified on each page of the submission by application number
(i.e., the series code and serial number), except for the copies of the
documents that are being submitted pursuant to § 1.290(d)(3). By requiring
identification by application number, third-party preissuance submissions
could be timely matched with the application file and routed to the
examiner.

   Section 1.290(d)(1) as proposed provides that any third-party submission
under § 1.290 must include a list of the documents being submitted, and the
listing must include a heading that identifies the listing as a third-party
preissuance submission under § 1.290. Proposed § 1.290(e) also sets forth
the requirements for identifying the documents being submitted and listed
pursuant to § 1.290(d)(1). The Office proposes to provide a form similar to
forms PTO/SB/08A and 08B to assist third parties in preparing the listing
of documents in accordance with §§ 1.290(d)(1) and (e) and to ensure that
the documents are properly made of record in the application file.

   Section 1.290(d)(2) as proposed requires a concise description of the
asserted relevance of each listed document. 35 U.S.C. 122(e) requires that
each third-party preissuance submission be accompanied by a "concise
description of the asserted relevance of each document submitted." The
concise description should explain why the respective document has been
submitted and how it is of potential relevance to the examination of the
application in which the preissuance submission has been filed. Unless
there is no concise description provided for a document that is listed, or
the concise description is merely a bare statement that the document is
relevant and thus does not amount to a meaningful concise description, the
Office does not propose to otherwise evaluate the sufficiency of the
concise description. It would be a best practice that each concise
description point out the relevant pages or lines of the respective
document, particularly where the document is lengthy and complex and the
third party can identify a highly relevant section, such as a particular
figure or paragraph. The third party may present the concise description in
a format that would best explain to the examiner the relevance of the
accompanying document, such as in a narrative description or a claim chart.
Third parties should refrain from submitting a verbose description of
relevance not only because the statute calls for a "concise" description
but also because a focused description is more effective in drawing the
examiner's attention to the relevant issues.

   Section 1.290(d)(3) as proposed requires submission of a legible copy of
each listed document. See § 1.98(a)(2) and MPEP § 609.04(a). Where only the
relevant portion of a document is listed, the third party could submit only
a copy of that portion (e.g., where a particular chapter of a book is
listed and not the entire book). When a copy of only a relevant portion of
a document is submitted, the third party should also submit copies of pages
of the document that provide identifying information (e.g., a copy of the
cover, the title page, the copyright information page, etc.). Under §
1.290(d)(3) as proposed, a third party need not submit copies of U.S.
patents and U.S. patent application publications, unless required by the
Office, as such documents are readily accessible to examiners.

   Section 1.290(d)(4) as proposed requires an English language translation
of all relevant portions of any listed non-English language document to be
considered by the examiner.

   Section 1.290(d)(5)(i) as proposed requires a statement by the party
making the submission that the party is not an individual who has a duty to
disclose information with respect to the application (i.e., each individual
associated with the filing and prosecution of the patent application) under
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 333 

§ 1.56. Such statement is intended to avoid potential misuse of preissuance
submissions by applicants (e.g., by employing a third party "straw man") to
attempt to circumvent the IDS rules.

   Section 1.290(d)(5)(ii) as proposed requires a statement by the party
making the submission that the submission complies with the requirements of
35 U.S.C. 122(e) and § 1.290. To facilitate compliance by third parties,
the Office proposes to provide a form for third-party preissuance
submissions under § 1.290 that includes the statements required by §§
1.290(d)(5)(i) and (ii).

   Section 1.290(e) as proposed sets forth the requirements for identifying
the documents submitted and listed pursuant to § 1.290(d)(1). Section
1.290(e) requires that U.S. patents and U.S. patent application
publications be listed in a separate section from other documents.
Separating the listing of U.S. patents and U.S. patent application
publications from the listing of other documents would facilitate printing
the U.S. patents and U.S. patent application publications considered by the
examiner in a third-party preissuance submission on the face of the patent.

   Section 1.290(e)(1) as proposed requires that each U.S. patent be
identified by patent number, first named inventor, and issue date. Section
1.290(e)(2) as proposed requires that each U.S. patent application
publication be identified by patent application publication number, first
named inventor, and publication date. Section 1.290(e)(3) as proposed
requires that each foreign patent or published foreign patent application
be identified by the country or patent office that issued the patent or
published the application, an appropriate document number, first named
inventor, and the publication date indicated on the patent or published
application. Requiring U.S. and foreign patent and published patent
application documents to be identified by the first named inventor should
aid in identifying the listed documents in the event the application
number, publication number, or other appropriate document number data is
inadvertently transposed or otherwise misidentified. Section 1.290(e)(4) as
proposed requires that each non-patent publication be identified by
publisher, author, title, pages being submitted, publication date, and
place of publication, where such information is available. The qualifier
"where available" applies to each item of information specified in §
1.290(e)(4). Thus, if an item of information is not available for a
particular non-patent publication (e.g., publisher information), the third
party need not provide that information, and the citation of the non-patent
publication would not be improper as a result of not providing that
information. Further, § 1.290(e)(4) as proposed does not preclude
additional information not specified in § 1.290(e)(4) from being provided
(e.g., journal title and volume/issue information for a journal article).
Section 1.290(e)(4) as proposed also provides that the third party bears
the burden of establishing the date of a non-patent publication where the
non-patent publication is asserted by the third party to be prior art and
the date is not apparent from the document, regardless whether the document
is in paper or electronic form.

   Section 1.290(f) as proposed requires payment of the fee set forth in §
1.17(p) for every ten documents or fraction thereof being submitted, except
where the submission is accompanied by the statement set forth in proposed
§ 1.290(g). The Office proposes to determine the document count based on
the § 1.290(d)(1) listing of documents. Thus, if a document is listed but a
copy of the document is not submitted, the listed document would be counted
toward the document count. If a copy of a document is submitted but the
document is not listed, the document would not be counted or considered and
would be discarded. A third party would be permitted to cite less than an
entire publication in the § 1.290(d)(1) listing, which would be counted as
one document. Further, while a third party would be permitted to cite
different publications that are all available from the same electronic
source, such as a Web site, each such publication would be counted as a
separate document.

 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 334 

   Section 1.290(g) as proposed provides an exemption from the § 1.290(f)
fee requirement where a preissuance submission listing three or fewer total
documents is the first preissuance submission submitted in an application
by a third party, or a party in privity with the third party. Where one
third party takes advantage of the fee exemption in an application, another
third party is not precluded from also taking advantage of the fee
exemption in the same application as long as the third parties are not in
privity with each other. For example, applying the current 37 CFR 1.17(p)
fee of $180.00 in accordance with proposed §§ 1.290(f) and (g): (1) No fee
would be required for the first preissuance submission by a third party
containing three or fewer total documents; (2) a $180.00 fee would be
required for the first preissuance submission by a third party containing
more than three, but ten or fewer total documents: and (3) a $360.00 fee
would be required for the first preissuance submission by a third party
containing more than ten, but twenty or fewer total documents. For a second
or subsequent preissuance submission by the same third party: (1) A $180.00
fee would be required where the second or subsequent preissuance submission
by the third party contains ten or fewer total documents; and (2) a $360.00
fee would be required where the second or subsequent preissuance submission
by the same third party contains more than ten, but twenty or fewer total
documents.

   To implement the fee exemption in § 1.290(g) and avoid potential misuse
of such exemption, the Office proposes to require that exemption-eligible
preissuance submissions be accompanied by a statement of the third party
that, to the knowledge of the person signing the statement after making
reasonable inquiry, the submission is the first and only preissuance
submission submitted in the application by the third party or a party in
privity with the third party. To preclude a third party from making
multiple preissuance submissions in the same application on the same day
and asserting that each such submission is the first preissuance submission
being submitted in the application by the third party, the § 1.290(g)
statement would require that the submission be the "first and only"
preissuance submission. This statement would not, however, preclude the
third party from making more than one preissuance submission in an
application, where the need for the subsequent submissions was not known at
the time the earlier submission including the § 1.290(g) statement was
filed with the Office. Such additional submissions would not be exempt from
the § 1.290(f) fee requirement.

   The Office does not propose to entertain challenges to the accuracy of
such third-party statements because, pursuant to § 11.18(b), whoever
knowingly and willfully makes any false, fictitious, or fraudulent
statements or representations to the Office shall be subject to the
penalties set forth under 18 U.S.C. 1001. Section 11.18(b) applies to any
paper presented to the Office, whether by a practitioner or
non-practitioner.

   Additionally, the Office does not propose to require an explicit
identification of a real party in interest because such identification
might discourage some third parties from making a preissuance submission or
invite challenges based on allegations of misidentification.

   Section 1.290(h) as proposed provides that in the absence of a request
by the Office, an applicant has no duty to, and need not, reply to a
submission under § 1.290. Likewise, because the prosecution of a patent
application is an ex parte proceeding, no further response from a third
party with respect to an examiner's treatment of the third party's
preissuance submission would be permitted or considered.

   Section 1.290(i) as proposed provides that the provisions of § 1.8 do
not apply to the time periods set forth in § 1.290.

   Section 1.291: The Office proposes to amend portions of § 1.291 for
clarity and also for consistency with new 35 U.S.C. 122(e) and proposed
§ 1.290.
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 335 


   Section 1.291(b) is proposed to be amended to clarify that the
application publication date is the date the application was published
under 35 U.S.C. 122(b), and § 1.211 and is also proposed to be amended by
including "given or" before "mailed" to provide for electronic notification
of the notice of allowance (i.e., e-Office action).

   Section 1.291(b)(1) is proposed to be amended to more clearly define the
time period for submitting protests under § 1.291 that are accompanied by
applicant consent. Specifically, § 1.291(b)(1) is proposed to be amended to
provide that, if a protest is accompanied by the written consent of the
applicant, the protest will be considered if the protest is filed before a
notice of allowance under § 1.311 is given or mailed in the application.
This amendment would provide a definite standard for both the Office and
third parties and would give more certainty as to when a protest under §
1.291 that is accompanied by applicant consent would or would not be
accepted by the Office. Moreover, it is reasonable that the time period for
submission ends when a notice of allowance is given or mailed in the
application in view of the current publication process.

   Under the current publication process, final electronic capture of
information to be printed in a patent will begin as soon as an allowed
application is received in the Office of Patent Publication, immediately
after the notice of allowance has been given or mailed. See MPEP § 1309.

   Section 1.291(c)(1) is proposed to be amended to set forth the
requirements for identifying the information being submitted and listed,
consistent with proposed § 1.290(e). Section 1.291(c)(1)(i) as proposed to
be amended requires that each U.S. patent be identified by patent number,
first named inventor, and issue date. Section 1.291(c)(1)(ii) as proposed
to be amended requires that each U.S. patent application publication be
identified by patent application publication number, first named inventor,
and publication date. Section 1.291(c)(1)(iii) as proposed to be amended
requires that each foreign patent or published foreign patent application
be identified by the country or patent office that issued the patent or
published the application, an appropriate document number, first named
inventor, and the publication date indicated on the patent or published
application. Section 1.291(c)(1)(iv) as proposed to be amended requires
that each non-patent publication be identified by publisher, author, title,
pages being submitted, publication date, and place of publication, where
such information is available. The qualifier "where such information is
available" applies to each item of information specified in §
1.291(c)(1)(iv). Thus, if an item of information is not available for a
particular non-patent publication (e.g., publisher information), the
protestor need not provide that information, and the citation of the
non-patent publication would not be improper as a result of not providing
that information. Further, § 1.291(c)(1)(iv) as proposed to be amended does
not preclude additional information not specified in § 1.291(c)(1)(iv) from
being provided (e.g., journal title and volume/issue information for a
journal article). Section 1.291(c)(1)(v) as proposed to be amended requires
that each item of other information be identified by date, if known.
Requiring U.S. and foreign patent and published patent application
documents to be identified by the first named inventor should aid in
identifying the listed documents in the event the application number,
publication number, or other appropriate document number data is
inadvertently transposed or otherwise misidentified.

   Section 1.291(c)(2) is proposed to be amended to change "explanation" to
"description" to conform to proposed § 1.290(d)(2). This amendment would
clarify that there is no difference between the concise description of
relevance for a third-party preissuance submission and the concise
description of relevance for a protest.

   Section 1.291(c)(3) is proposed to be amended to clarify that copies of
information submitted must be legible. See § 1.98(a)(2) and MPEP §
609.04(a). § ion 1.291(c)(3) is also proposed to be amended to provide that
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 336 

copies of U.S. patents and U.S. patent application publications would not
need to be submitted, unless required by the Office, as such documents are
readily accessible to examiners.

   Section 1.292: Section 1.292 is proposed to be removed and reserved. The
practice of providing a pre-grant public use proceeding as set forth in §
1.292 is no longer considered necessary, and is inefficient as compared to
alternative mechanisms available to third parties for raising prior public
use; for example, as provided for by § 1.291 protests, where appropriate,
and also by Section 6 of the Leahy-Smith America Invents Act which makes
available a post-grant review proceeding.

   Sections 1.17 and 41.202: Sections 1.17 and 41.202 would also be amended
to change or remove references to §§ 1.99 and 1.292, for consistency with
the proposed addition of new § 1.290 and removal of §§ 1.99 and 1.292.
Section 1.17(i) would also be amended to correct a misidentification of §
1.53(b)(3) to § 1.53(c)(3) concerning the fee for converting a provisional
application filed under § 1.53(c) into a nonprovisional application under §
1.53(b).

Rulemaking Considerations

    A. Administrative Procedure Act: This notice proposes changes to the
rules of practice concerning the procedure for filing third party
preissuance submissions. The changes proposed in this notice do not change
the substantive criteria of patentability. Therefore, the changes in this
proposed rule are merely procedural and/or interpretive. See Bachow
Communs., Inc. v. FCC, 237 F.3d 683, 690 (DC Cir. 2001) (rules governing an
application process are procedural under the Administrative Procedure Act);
Inova Alexandria Hosp. v. Shalala, 244 F.3d 242, 350 (4th Cir. 2001) (rules
for handling appeals were procedural where they did not change the
substantive standard for reviewing claims); Nat'l Org. of Veterans'
Advocates v. Sec'y of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir.
2001) (rule that clarifies interpretation of a statute is interpretive).

   Accordingly, prior notice and opportunity for public comment are not
required pursuant to 5 U.S.C. 553(b) or (c) (or any other law) and
thirty-day advance publication is not required pursuant to 5 U.S.C. 553(d)
(or any other law). See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37
(Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B),
does not require notice and comment rulemaking for "interpretative rules,
general statements of policy, or rules of agency organization, procedure,
or practice.") (quoting 5 U.S.C. 553(b)(A)). The Office, however, is
publishing these changes and the Regulatory Flexibility Act certification
discussion below, for comment as it seeks the benefit of the public's views
on the Office's proposed implementation of this provision of the
Leahy-Smith America Invents Act.

   B. Regulatory Flexibility Act: For the reasons set forth herein, the
Deputy General Counsel for General Law of the United States Patent and
Trademark Office has certified to the Chief Counsel for Advocacy of the
Small Business Administration that changes proposed in this notice will not
have a significant economic impact on a substantial number of small
entities. See 5 U.S.C. 605(b). This notice proposes changes to the rules of
practice to implement section 8 of the Leahy-Smith America Invents Act,
which provides a mechanism for third parties to submit to the Office, for
consideration and inclusion in the record of a patent application, any
patents, published patent applications, or other printed publications of
potential relevance to the examination of the application.

   The changes proposed in this notice concern requirements for third
parties submitting patents, published patent applications, or other printed
publications in a patent application. The burden to all entities, including
small entities, imposed by these rules is a minor addition to that of the
current regulations for third-party submissions under § 1.99. Consistent
with the current regulations, the Office will continue to require third
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 337 

parties filing submissions to, for example, file a listing of the documents
submitted along with a copy of each document, with minor additional
formatting requirements. Additional requirements proposed in this notice
are requirements of statute (e.g., the concise explanation) and thus the
sole means of accomplishing the purpose of the statute. Because of the
expanded scope of submissions under this rulemaking and additional
requirements by statute, the Office believes this will take a total of 10
hours at a cost of $3,400.00 per submission. Furthermore, the Office
estimates that no more than 730 small entity third parties will make
preissuance submissions per year. Therefore, the changes proposed in this
notice will not have a significant economic impact on a substantial number
of small entities.

   C. Executive Order 12866 (Regulatory Planning and Review): This
rulemaking has been determined to be not significant for purposes of
Executive Order 12866 (Sept. 30, 1993).

   D. Executive Order 13563 (Improving Regulation and Regulatory Review):
The Office has complied with Executive Order 13563. Specifically, the
Office has, to the extent feasible and applicable: (1) Made a reasoned
determination that the benefits justify the costs of the rule; (2) tailored
the rule to impose the least burden on society consistent with obtaining
the regulatory objectives; (3) selected a regulatory approach that
maximizes net benefits; (4) specified performance objectives; (5)
identified and assessed available alternatives; (6) involved the public in
an open exchange of information and perspectives among experts in relevant
disciplines, affected stakeholders in the private sector and the public as
a whole, and provided on-line access to the rulemaking docket; (7)
attempted to promote coordination, simplification, and harmonization across
government agencies and identified goals designed to promote innovation;
(8) considered approaches that reduce burdens and maintain flexibility and
freedom of choice for the public; and (9) ensured the objectivity of
scientific and technological information and processes.

   E. Executive Order 13132 (Federalism): This rulemaking does not contain
policies with federalism implications sufficient to warrant preparation of
a Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).

   F. Executive Order 13175 (Tribal Consultation): This rulemaking will
not: (1) Have substantial direct effects on one or more Indian tribes; (2)
impose substantial direct compliance costs on Indian tribal governments; or
(3) preempt tribal law. Therefore, a tribal summary impact statement is not
required under Executive Order 13175 (Nov. 6, 2000).

   G. Executive Order 13211 (Energy Effects): This rulemaking is not a
significant energy action under Executive Order 13211 because this
rulemaking is not likely to have a significant adverse effect on the
supply, distribution, or use of energy. Therefore, a Statement of Energy
Effects is not required under Executive Order 13211 (May 18, 2001).

   H. Executive Order 12988 (Civil Justice Reform): This rulemaking meets
applicable standards to minimize litigation, eliminate ambiguity, and
reduce burden as set forth in sections 3(a) and 3(b)(2) of Executive Order
12988 (Feb. 5, 1996).

   I. Executive Order 13045 (Protection of Children): This rulemaking does
not concern an environmental risk to health or safety that may
disproportionately affect children under Executive Order 13045 (Apr. 21,
1997).

   J. Executive Order 12630 (Taking of Private Property): This rulemaking
will not effect a taking of private property or otherwise have taking
implications under Executive Order 12630 (Mar. 15, 1988).

   K. Congressional Review Act: Under the Congressional Review Act
provisions of the Small Business Regulatory Enforcement Fairness Act of
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 338 

1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the United
States Patent and Trademark Office will submit a report containing the
final rule and other required information to the United States Senate, the
United States House of Representatives, and the Comptroller General of the
Government Accountability Office. The changes in this notice are not
expected to result in an annual effect on the economy of 100 million
dollars or more, a major increase in costs or prices, or significant
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based enterprises to compete
with foreign-based enterprises in domestic and export markets. Therefore,
this notice is not expected to result in a "major rule" as defined in 5
U.S.C. 804(2).

   L. Unfunded Mandates Reform Act of 1995: The changes proposed in this
notice do not involve a Federal intergovernmental mandate that will result
in the expenditure by State, local, and tribal governments, in the
aggregate, of 100 million dollars (as adjusted) or more in any one year, or
a Federal private sector mandate that will result in the expenditure by the
private sector of 100 million dollars (as adjusted) or more in any one
year, and will not significantly or uniquely affect small governments.
Therefore, no actions are necessary under the provisions of the Unfunded
Mandates Reform Act of 1995. See 2 U.S.C. 1501 et seq.

   M. National Environmental Policy Act: This rulemaking will not have any
effect on the quality of environment and is thus categorically excluded
from review under the National Environmental Policy Act of 1969. See 42
U.S.C. 4321 et seq.

   N. National Technology Transfer and Advancement Act: The requirements of
section 12(d) of the National Technology Transfer and Advancement Act of
1995 (15 U.S.C. 272 note) are not applicable because this rulemaking does
not contain provisions which involve the use of technical standards.

   O. Paperwork Reduction Act: The Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) requires that the Office consider the impact of
paperwork and other information collection burdens imposed on the public.
This rulemaking proposes changes to the rules of practice that would impact
existing information collection requirements previously approved by the
Office of Management and Budget (OMB) under OMB Control Number 0651-0062.
Accordingly, the Office will submit to the OMB a proposed revision to the
information collection requirements under 0651-0062. The proposed revision
will be available at the OMB's Information Collection Review Web site
(www.reginfo.gov/public/do/PRAMain).

   Needs and Uses: This information collection is necessary so that the
public may submit patents, published patent applications, and other printed
publications to the Office for consideration in a patent application. The
Office will use this information, as appropriate, during the patent
examination process to assist in evaluating the patent application. The
Office will provide a form (PTO/SB/429) to assist the public in making a
submission of patents, published patent applications, and other printed
publications for consideration in a patent application.

    Title of Collection: Third-Party Submissions and Protests.

    OMB Control Number: 0651-0062.

    Form Numbers: PTO/SB/429.

    Method of Collection: By mail, facsimile, hand delivery, or
electronically to the Office.

   Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.

   Estimated Number of Respondents: 1,030 responses filed per year.
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 339 


   Estimated Time per Response: The Office estimates that the responses in
this collection will take the public 10 hours.

   Estimated Total Annual Respondent Burden Hours: 10,300 hours per year.

   Estimated Total Annual Respondent Cost Burden: $3,502,000 per year.

   Estimated Total Annual Non-hour Respondent Cost Burden: $131,400 per
year in the form of filing fees.

   The Office is soliciting comments to: (1) Evaluate whether the proposed
information requirement is necessary for the proper performance of the
functions of the Office, including whether the information will have
practical utility; (2) evaluate the accuracy of the Office's estimate of
the burden; (3) enhance the quality, utility, and clarity of the
information to be collected; and (4) minimize the burden of collecting the
information on those who are to respond, including by using appropriate
automated, electronic, mechanical or other technological collection
techniques or other forms of information technology.

   Please send comments on or before March 5, 2012 to Mail Stop
Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450, marked to the attention of Raul Tamayo, Legal Advisor,
Office of Patent Legal Administration, Office of the Associate Commissioner
for Patent Examination Policy. Comments should also be submitted to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, New Executive Office Building, Room 10202, 725 17th Street NW.,
Washington, DC 20503, Attention: Desk Officer for the Patent and Trademark
Office.

   Notwithstanding any other provision of law, no person is required to
respond to, nor shall a person be subject to a penalty for failure to
comply with, a collection of information subject to the requirements of the
Paperwork Reduction Act, unless that collection of information displays a
currently valid OMB control number.

List of Subjects in 37 CFR Part 1

   Administrative practice and procedure, Courts, Freedom of Information,
Inventions and patents, Reporting and record keeping requirements, Small
Businesses.

   For the reasons set forth in the preamble, 37 CFR part 1 is proposed to
be amended as follows:

PART 1--RULES OF PRACTICE IN PATENT CASES

   1. The authority citation for 37 CFR part 1 continues to read as
follows:

   Authority: 35 U.S.C. 2(b)(2).

   2. Section 1.99 is removed and reserved.

§ 1.99  [Reserved]

   3. Section 1.290 is added as follows:

§ 1.290  Submissions by third parties in applications.

   (a) A third party may submit, for consideration and entry in the record
of a patent application, any patents, published patent applications, or
other printed publications of potential relevance to the examination of the
application if the submission is in compliance with 35 U.S.C. 122(e) and
this section. A third-party submission in an application will not be
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 340 

entered or considered by the Office if the submission is not in compliance
with 35 U.S.C. 122(e) and this section.

   (b) Any third-party submission under this section must be filed before
the earlier of:

   (1) The date a notice of allowance under § 1.311 is given or mailed in
the application; or

   (2) The later of:

   (i) Six months after the date on which the application is first
published by the Office under 35 U.S.C. 122(b) and § 1.211, or

   (ii) The date the first rejection under § 1.104 of any claim by the
examiner is given or mailed during the examination of the application.

   (c) Any third-party submission under this section must be made in
writing, and identify on each page of the submission, except for copies
required by paragraph (d)(3) of this section, the application to which the
submission is directed by application number.

   (d) Any third-party submission under this section must include:

   (1) A list of the documents being submitted;

   (2) A concise description of the asserted relevance of each listed
document;

   (3) A legible copy of each listed document, or the portion which caused
it to be listed, other than U.S. patents and U.S. patent application
publications, unless required by the Office;

   (4) An English language translation of all relevant portions of any
listed non-English language document to be considered by the examiner; and

   (5) A statement by the party making the submission that:

   (i) The party is not an individual who has a duty to disclose
information with respect to the application under § 1.56; and

   (ii) The submission complies with the requirements of 35 U.S.C. 122(e)
and this section.

   (e) The list of documents required by paragraph (d)(1) of this section
must list U.S. patents and U.S. patent application publications in a
separate section from other documents, include a heading that identifies
the listing as a third-party preissuance submission under § 1.290, and
identify each:

   (1) U.S. patent by patent number, first named inventor, and issue date;

   (2) U.S. patent application publication by patent application
publication number, first named inventor, and publication date;

   (3) Foreign patent or published foreign patent application by the
country or patent office that issued the patent or published the
application, first named inventor, an appropriate document number, and the
publication date indicated on the patent or published application; and

   (4) Non-patent publication by publisher, author, title, pages being
submitted, publication date, and place of publication, where available. If
not apparent from the document, the third party bears the burden of
establishing the date of a non-patent publication where asserted to be
prior art.

 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 341 

   (f) Any third-party submission under this section must be accompanied by
the fee set forth in §   1.17(p) for every ten documents or fraction
thereof being submitted.

   (g) The fee otherwise required by paragraph (f) of this section is
not required for a submission listing three or fewer total documents
that is accompanied by a statement by the party making the submission
that, to the knowledge of the person signing the statement after making
reasonable inquiry, the submission is the first and only submission
under 35 U.S.C. 122(e) submitted in the application by the party or a
party in privity with the party.

   (h) In the absence of a request by the Office, an applicant has no duty
to, and need not, reply to a submission under this section.

   (i) The provisions of § 1.8 do not apply to the time periods set forth
in this section.

   4. Section 1.291 is amended by revising the introductory text of
paragraph (b) and paragraphs (b)(1) and (c) to read as follows:


§ 1.291  Protests by the public against pending applications.

* * * * *

   (b) The protest will be entered into the record of the application if,
in addition to complying with paragraph (c) of this section, the protest
has been served upon the applicant in accordance with § 1.248, or filed
with the Office in duplicate in the event service is not possible; and,
except for paragraph (b)(1) of this section, the protest was filed prior to
the date the application was published under 35 U.S.C. 122(b) and § 1.211,
or a notice of allowance under § 1.311 was given or mailed, whichever
occurs first.

   (1) If a protest is accompanied by the written consent of the applicant,
the protest will be considered if the protest is filed before a notice of
allowance under § 1.311 is given or mailed in the application.

* * * * *

   (c) In addition to compliance with paragraphs (a) and (b) of this
section, a protest must include:

   (1) A listing of the patents, publications, or other information relied
upon identifying:

   (i) Each U.S. patent by patent number, first named inventor, and issue
date;

   (ii) Each U.S. patent application publication by patent application
publication number, first named inventor, and publication date;

   (iii) Each foreign patent or published foreign patent application by the
country or patent office that issued the patent or published the
application, an appropriate document number, first named inventor, and the
publication date indicated on the patent or published application;

   (iv) Each printed publication is identified by publisher, author, title,
pages being submitted, publication date, and place of publication, where
available; and

   (vi) Each item of other information by date, if known.

   (2) A concise description of the relevance of each item listed pursuant
to paragraph (c)(1) of this section;
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 342 


   (3) A legible copy of each listed patent, publication, or other item of
information in written form, or at least the pertinent portions thereof,
other than U.S. patents and U.S. patent application publications, unless
required by the Office;

* * * * *

   5. Section 1.292 is removed and reserved.

§ 1.292 [Reserved]

December 30, 2011                                           DAVID J. KAPPOS
                                            Under Secretary of Commerce for
                                  Intellectual Property and Director of the
                                  United States Patent and Trademark Office
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 343 

Changes To Implement the Inventor's Oath or Declaration Provisions of the Leahy-Smith America Invents Act
                            DEPARTMENT OF COMMERCE
                   United States Patent and Trademark Office
                             37 CFR Parts 1 and 3
                         [Docket No. PTO-P-2011-0074]
                                 RIN 0651-AC68

                 Changes To Implement the Inventor's Oath or
                        Declaration Provisions of the
                        Leahy-Smith America Invents Act

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: The United States Patent and Trademark Office (Office) proposes
changes to the existing rules of practice to implement the inventor's oath
or declaration provisions of the Leahy-Smith America Invents Act. The
Office proposes to revise and clarify the rules of practice relating to the
inventor's oath or declaration, including reissue oaths or declarations,
assignments containing oath or declaration statements from inventors, and
oaths or declarations signed by parties other than the inventors. In order
to better facilitate processing of patent applications, the Office further
proposes to revise and clarify the rules of practice for power of attorney
and prosecution of an application by an assignee.

DATES: Written comments must be received on or before March 6, 2012.

ADDRESSES: Comments should be sent be electronic mail message over the
Internet addressed to: oath_declaration@uspto.gov. Comments may also be
submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner
for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the
attention of Hiram H. Bernstein, Senior Legal Advisor, Office of Patent
Legal Administration, Office of the Associate Commissioner for Patent
Examination Policy.

   Comments may also be sent by electronic mail message over the Internet
via the Federal eRulemaking Portal. See the Federal eRulemaking Portal Web
site (http://www.regulations.gov) for additional instructions on providing
comments via the Federal eRulemaking Portal.


   Although comments may be submitted by postal mail, the Office prefers to
receive comments by electronic mail message over the Internet because
sharing comments with the public is more easily accomplished. Electronic
comments are preferred to be submitted in plain text, but also may be
submitted in ADOBE[supreg] portable document format or MICROSOFT
WORD[supreg] format. Comments not submitted electronically should be
submitted on paper in a format that facilitates convenient digital scanning
into ADOBE[supreg] portable document format.

   The comments will be available for public inspection at the Office of
the Commissioner for Patents, currently located in Madison East, Tenth
Floor, 600 Dulany Street, Alexandria, Virginia. Comments also will be
available for viewing via the Office's Internet Web site
(http://www.uspto.gov). Because comments will be made available for public
inspection, information that the submitter does not desire to make public,
such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Hiram H. Bernstein ((571) 272-7707),
Senior Legal Advisor, or Eugenia Jones ((571) 272-7727), Senior Legal
Advisor, or Terry J. Maciejewski ((571) 272-7730), Technical Writer-Editor,
Office of Patent Legal Administration, Office of the Associate Commissioner
for Patent Examination Policy.

SUPPLEMENTARY INFORMATION: The Leahy-Smith America Invents Act was enacted
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 344 

into law on September 16, 2011. See Public Law 112-29, 125 Stat. 284
(2011). Section 4 of the Leahy-Smith America Invents Act amends 35 U.S.C.
115 and 118 to change the practice regarding an inventor's oath or
declaration. Section 20 of the Leahy-Smith America Invents Act amends 35
U.S.C. 116, 184, 251, and 256 (and other statutes) to remove the "without
any deceptive intention" provision. This notice proposes changes to the
rules of practice to implement the provisions of Section 4 of the
Leahy-Smith America Invents Act and the changes in Section 20 of the
Leahy-Smith America Invents Act that relate to the removal of the "without
any deceptive intention" language from 35 U.S.C. 116, 184, 251, and 256.

   More specifically, Section 4(a) of the Leahy-Smith America Invents Act
amends 35 U.S.C. 115 to change the requirements for an inventor's oath or
declaration.

   35 U.S.C. 115(a) provides that an application filed under 35 U.S.C.
111(a) or that commences the national stage under 35 U.S.C. 371 must
include, or be amended to include, the name of the inventor for any
invention claimed in the application. 35 U.S.C. 115(a) also provides that,
except as otherwise provided in 35 U.S.C. 115, each individual who is the
inventor or a joint inventor of a claimed invention in an application must
execute an oath or declaration in connection with the application.

   35 U.S.C. 115(b) provides that an oath or declaration under 35 U.S.C.
115(a) must contain statements that the application was made or was
authorized to be made by the affiant or declarant, and the individual
believes himself or herself to be the original inventor or an original
joint inventor of a claimed invention in the application. There is no
longer a requirement in the statute that the inventor must state his
country of citizenship and that the inventor believes himself or herself to
be the "first" inventor of the subject matter (process, machine,
manufacture, or composition of matter) sought to be patented.

   35 U.S.C. 115(c) provides that the Director may specify additional
information relating to the inventor and to the invention that is required
to be included in an oath or declaration under 35 U.S.C. 115(a).

   35 U.S.C. 115(d)(1) provides that, in lieu of execution of an oath or
declaration by an inventor under 35 U.S.C. 115(a), the applicant for patent
may provide a substitute statement under the circumstances described in 35
U.S.C. 115(d)(2) and such additional circumstances as the Director
specifies by regulation. The circumstances set forth in 35 U.S.C. 115(d)(2)
in which the applicant may provide a substitute statement are limited to
the situations where an individual is unable to file the oath or
declaration under 35 U.S.C. 115(a) because the individual is deceased,
under legal incapacity, or cannot be found or reached after diligent
effort, or an individual is under an obligation to assign the invention but
has refused to make the oath or declaration required under 35 U.S.C.
115(a). Therefore, while an assignee, an obligated assignee, or a person
who otherwise shows sufficient proprietary interest in the matter may make
an application for patent as provided for in 35 U.S.C. 118, an oath or
declaration (or an assignment containing the required statements) by each
of the inventors is still required, except in the circumstances set forth
in 35 U.S.C. 115(d)(2) and in any additional circumstances specified by the
Director in the regulations. The contents of a substitute statement are set
forth in 35 U.S.C. 115(d)(3). Specifically, the substitute statement must
identify the individual to whom the statement applies, set forth the
circumstances for the permitted basis for filing the substitute statement
in lieu of the oath or declaration under 35 U.S.C. 115(a), and contain any
additional information, including any showing, required by the Director.

   35 U.S.C. 115(e) provides for making the statements required under 35
U.S.C. 115(b) and (c) in an assignment of record and specifically permits
an individual who is under an obligation of assignment of an application to
include the required statements in the assignment executed by the
individual, in lieu of filing the statements separately.
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 345 


   35 U.S.C. 115(f) provides that a notice of allowance under 35 U.S.C. 151
may be provided to an applicant only if the applicant has: (1) Filed each
required oath or declaration under 35 U.S.C. 115(a); (2) filed a substitute
statement under 35 U.S.C. 115(d); or (3) recorded an assignment meeting the
requirements of 35 U.S.C. 115(e). 35 U.S.C. 111(a)(2), however, continues
to require that an application filed under 35 U.S.C. 111(a) include an oath
or declaration as prescribed by 35 U.S.C. 115, and 35 U.S.C. 111(a)(3)
continues to permit the oath or declaration to be submitted after the
filing date of the application, but within such period and under the
conditions prescribed by the Director, including payment of a surcharge.
Likewise, 35 U.S.C. 371(c) continues to require an oath or declaration
complying with the requirements of 35 U.S.C. 115 for an international
application to enter the national stage, and 35 U.S.C. 371(d) continues to
require the oath or declaration to be submitted within the period
prescribed by the Director, and with the payment of a surcharge if required
by the Director and not submitted by the date of the commencement of the
national stage. Thus, the change to 35 U.S.C. 115 does not alter the
statutory authorization in 35 U.S.C. 111(a) and 371 for requiring the oath
or declaration to be submitted prior to examination of the application, and
requiring a surcharge for the submission of an oath or declaration after
the filing date of the application under 35 U.S.C. 111(a) or by the date of
the commencement of the national stage in an international application
entering the national stage under 35 U.S.C. 371.

   35 U.S.C. 115(g)(1) provides that the requirements under 35 U.S.C. 115
shall not apply to an individual named as the inventor or a joint inventor
in an application that claims benefit under 35 U.S.C. 120, 121, or 365(c)
of an earlier-filed application, if: (1) An oath or declaration meeting the
requirements of 35 U.S.C. 115(a) was executed by the individual and was
filed in connection with the earlier-filed application; (2) a substitute
statement meeting the requirements of 35 U.S.C. 115(d) was filed in
connection with the earlier-filed application with respect to the
individual; or (3) an assignment meeting the requirements of 35 U.S.C.
115(e) was executed with respect to the earlier-filed application by the
individual and was recorded in connection with the earlier-filed
application. 35 U.S.C. 115(g)(2) provides that the Director may still
require a copy of the executed oath or declaration, the substitute
statement, or the assignment filed in connection with the earlier-filed
application to be filed in the later-filed application.

   35 U.S.C. 115(h)(1) provides that any person making a statement under 35
U.S.C. 115 may withdraw, replace, or otherwise correct the statement at any
time. 35 U.S.C. 115(h)(1) also provides that if a change is made in the
naming of an inventor requiring the filing of one or more additional
statements, the Director shall establish regulations under which such
additional statements may be filed. 35 U.S.C. 115(h)(2) provides that if an
individual has executed an oath or declaration meeting the requirements of
35 U.S.C. 115(a) or an assignment meeting the requirements of 35 U.S.C.
115(e), then the Director cannot require that individual to subsequently
make any additional oath, declaration, or other equivalent statement in
connection with the application or any patent issuing thereon. 35 U.S.C.
115(h)(3) provides that a patent shall not be invalid or unenforceable
based upon the failure to comply with a requirement under this section if
the failure is remedied as provided under 35 U.S.C. 115(h)(1).

   35 U.S.C. 115(i) provides that any declaration or statement filed
pursuant to 35 U.S.C. 115 must contain an acknowledgement that any willful
false statement made in the declaration or statement is punishable under 18
U.S.C. 1001 by fine or imprisonment of not more than 5 years, or both. This
is similar to the provision in current 37 CFR 1.68.

   Section 4(a)(2) of the Leahy-Smith America Invents Act amends 35 U.S.C.
121 to eliminate the sentence that provided for the Director to dispense
with the signing and execution of an oath or declaration or equivalent
statement by the inventor in a divisional application when the divisional
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 346 

application is directed solely to subject matter described and claimed in
the original application as filed. This amendment to 35 U.S.C. 121 is
consistent with 35 U.S.C. 115(g)(1) because the inventor named in a
divisional application would not need to execute an oath or declaration or
equivalent statement for the divisional application regardless of whether
the divisional application is directed solely to subject matter described
and claimed in the original application.

   Section 4(a)(3) of the Leahy-Smith America Invents Act amends 35 U.S.C.
111(a) to insert "or declaration" after "and oath."

   Section 4(b)(1) of the Leahy-Smith America Invents Act amends 35 U.S.C.
118 to change the practice regarding the filing of an application by a
person other than the inventor. First, 35 U.S.C. 118 is amended to provide
that a person to whom the inventor has assigned or is under an obligation
to assign the invention may make an application for patent. Second, 35
U.S.C. 118 is amended to provide that a person who otherwise shows
sufficient proprietary interest in the matter may make an application for
patent on behalf of, and as agent for, the inventor on proof of the
pertinent facts and a showing that such action is appropriate to preserve
the rights of the parties. Finally, 35 U.S.C. 118 is amended to provide
that if a patent is granted on an application filed under 35 U.S.C. 118,
the patent shall be granted to the real party in interest. Under amended 35
U.S.C. 118, the Director may continue to provide whatever notice to the
inventor that the Director considers to be sufficient.

   The changes to 35 U.S.C. 115 and 118 do not mean that a person to whom
the inventor has assigned or is under an obligation to assign the invention
may make an application for patent in all circumstances. They do, however,
recognize that an assignee or a person to whom the inventor is obligated to
assign can execute the oath or declaration. In those circumstances set
forth in 35 U.S.C. 115(d)(2), an assignee or person to whom the inventor is
under an obligation to assign, or a legal representative of the dead or
legally incapacitated inventor, is the applicant as is currently set forth
in 37 CFR 1.41(b).

   Section 4(b)(2) of the Leahy-Smith America Invents Act includes a
conforming amendment to 35 U.S.C. 251 to provide for the filing of a
reissue application by an assignee of the entire interest if the
application for the original patent was filed by the assignee of the entire
interest.

   Section 4(c) of the Leahy-Smith America Invents Act amends 35 U.S.C. 112
to change, inter alia, the undesignated paragraphs to subsections. Section
4(d) makes conforming amendments to 35 U.S.C. 111(b) to make reference to
the subsections of 35 U.S.C. 112.

   Section 4(e) of the Leahy-Smith America Invents Act provides that the
amendments made by Section 4 shall take effect on September 16, 2012, and
shall apply to any patent application filed on or after September 16, 2012.

   Section 20 of the Leahy-Smith America Invents Act amends 35 U.S.C. 116,
184, 251, and 256 to eliminate the "without any deceptive intention"
clauses from each portion of the statute. This change should not be taken
as an endorsement for applicants and inventors to act with "deceptive
intention" in proceedings before the Office. As discussed previously, 35
U.S.C. 115(i) requires that any declaration or statement filed pursuant to
35 U.S.C. 115 must contain an acknowledgement that any willful false
statement made in the declaration or statement is punishable under 18
U.S.C. 1001 by fine or imprisonment of not more than 5 years, or both.

   Section 20(l) of the Leahy-Smith America Invents Act provides that the
amendments made by Section 20 shall take effect on September 16, 2012, and
shall apply to proceedings commenced on or after September 16, 2012.

   General discussion regarding implementation: 35 U.S.C. 115 as amended
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 347 

permits the required inventor statements to be made in an oath or
declaration under 35 U.S.C. 115(a), a substitute statement under 35 U.S.C.
115(d), or an assignment under 35 U.S.C. 115(e). Since 35 U.S.C. 115 no
longer contains a requirement that the inventor identify his country of
citizenship, the Office will no longer require this information in the oath
or declaration. The other requirements for oaths or declarations currently
provided in 37 CFR 1.63 would be retained.

   In view of 35 U.S.C. 115(d), the Office is proposing to permit an
assignee, a party to whom the inventor is legally obligated to assign the
invention, and a party who otherwise has a sufficient proprietary interest
to provide a substitute statement with respect to an inventor who is
deceased, is legally incapacitated, cannot be found or reached after
diligent effort, or refuses to sign the oath or declaration, even when
there are other inventors who are signing the oath, declaration, or
assignment with the required statements. This would provide an alternative
to the current procedure in which a legal representative (e.g., executor,
administrator, guardian, or conservator) must sign the oath or declaration
for a deceased or legally incapacitated inventor, and, if joint inventors
are signing the oath or declaration, the joint inventors must sign the oath
or declaration on behalf of an inventor who cannot be found or reached
after diligent effort or who refuses to sign the oath or declaration.

   In view of 35 U.S.C. 115(e), the Office will permit inventors to make
the required statements in an assignment executed by the inventor and
recorded in the Office. When the inventors choose to do so, the Office is
proposing to require that the assignment cover sheet identify such an
assignment as also being an oath or declaration. 35 U.S.C. 111(a)(2)(C)
provides that the application "shall include an oath or declaration as
prescribed by section 115 of this title." Therefore, the Office is
proposing to require that a copy of any recorded assignment submitted
pursuant to 35 U.S.C. 115(e) as the inventor oath or declaration be filed
in the application, rather than merely making reference to its recording in
regard to the application.

   Under 35 U.S.C. 115(f), the Office is permitted to delay requiring an
oath or declaration until an application is in condition for allowance. The
Office considered this option, but considers it better for the examination
process and patent pendency to continue to require the oath or declaration
during pre-examination.

   The Office needs to know who the inventors are to prepare patent
application publications and publish applications at eighteen months from
their earliest filing date. The Office also needs to know who the inventors
are to conduct examination (under conditions of patentability in effect
today as well as in effect under the Leahy-Smith America Invents Act). For
instance, the Office must know the identity of the inventors to determine
what prior art may be applied against the claimed invention or whether to
issue a double patenting rejection. The inventorship in an application is
not set until an oath or declaration is filed. See 37 CFR 1.41(a)(1) (the
inventorship of a nonprovisional application is that inventorship set forth
in the oath or declaration as prescribed by 37 CFR 1.63, with certain
exceptions).

   In addition, delaying the requirement for an oath or declaration until
allowance would also significantly add to overall patent pendency. The
current practice for completing applications (i.e., obtaining any
outstanding oath or declaration and filing fees) does not have a noticeable
effect on patent pendency because it takes place during pre-examination
when the application would otherwise be awaiting a first Office action by
the examiner and applications are placed in the queue for examination by
filing date order regardless of the date on which they are completed. No
Technology Center (other than designs) had average first action pendency
lower than twenty months to first action at the end of fiscal year 2011.
See United States Patent and Trademark Office Performance and
Accountability Report Fiscal Year 2011, at 162 (table 4) (2011). Thus, the
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 348 

current practice of completing applications during pre-examination avoids
any noticeable impact on first action pendency and overall pendency. Stated
differently, forwarding applications for examination without an oath or
declaration would not change the first action pendency either under current
first action pendency or when the Office reaches a ten-month first action.

   Changing the practice of completing applications during pre-examination
such that an oath or declaration is not required until an application is
otherwise in condition for allowance would require the Office to issue some
type of action (e.g., an action under Ex parte Quayle, 1935 Dec. Comm'r
Pat. 11 (1935)) to obtain an oath or declaration before the Office is able
to issue a notice of allowance under 35 U.S.C. 151. This would require an
extra action during the examination process in any application in which an
oath or declaration is not present before examination. About 33 percent of
applications do not contain an oath or declaration on filing. In addition,
based upon data for fiscal year 2011 in the Patent Application Location and
Monitoring (PALM) database system, the average time taken for applicants to
reply to an Ex parte Quayle action was 52 days, and the average time taken
by examiners to respond to an applicant's reply to an Ex parte Quayle
action was 32 days. Thus, a change in practice to permit an oath or
declaration to be filed after the Office is ready to mail a notice of
allowance could increase the total pendency for allowed applications by
between one and three months (depending upon whether only 33 percent of
applicants or all applicants delayed submission of an oath or declaration).
This is also why identification of the inventor(s) in the application
itself to be followed after the notice of allowance with the oath or
declaration is insufficient.

   The approach that will allow for an efficient publication and
examination process while minimizing the impact on patent pendency is for
an application to be completed prior to examination. Assignees should
consider getting the oath or declaration and any assignment document
executed concurrently or in the common declaration-assignment document
provided for in 35 U.S.C. 115(e) before filing an application. The Office
also plans to streamline its practices to permit an assignee or an
obligated assignee to readily execute an oath or declaration, or a person
who otherwise shows sufficient proprietary interest to be able to readily
execute an oath or declaration on behalf of an inventor, when such inventor
is not able, willing, or available to execute the oath or declaration.
Finally, for those few applicants who actually need more time than is
permitted for completing applications during pre-examination, the Office
has practices that would permit an extended period for completing an
application (Pilot Program for Extended Time Period To Reply to a Notice To
File Missing Parts of Nonprovisional Application, 75 FR 76401 (Dec. 8,
2010)), and will be proposing other ways to permit applicants to have
additional time to complete an application for examination (see Track III
of the Enhanced Examination Timing Control Initiative, 75 FR 31763 (June 4,
2010)).

   The Office also considered discontinuing the practice of charging a
surcharge for an application in which the oath or declaration is not
present on filing. Applications that are not complete on filing (e.g., are
filed without an oath or declaration, or without the filing fee) require
special processing on the part of the Office. The Office appreciates that
some applications need to be filed to avoid a loss of rights before all of
the formal documents or fees are ready, but the Office thinks that the cost
of the special processing required for such applications should be borne by
those applicants who require special processing and not by applicants whose
applications are complete on
filing.

   Consistent with 35 U.S.C. 115(g), the Office will permit applicants who
executed an oath or declaration in a prior application, where appropriate,
to use a copy of that oath or declaration in all continuing applications,
including continuation-in-part applications, with the caveat that any added
inventors in the continuing application must execute an original oath or
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 349 

declaration.

   While the Office recognizes the ability of any person making a statement
under 35 U.S.C. 115 to correct the statement at any time, including after
issuance of the patent, as provided in 35 U.S.C. 115(h), the Office will
not review the submission of such a document if it is not timely presented
during prosecution of the application, except where there is a correction
of inventorship in a patent made pursuant to 35 U.S.C. 256 and 37 CFR
1.324.

   Consistent with the amendments made to 35 U.S.C. 115 and 251, the Office
proposes changes to reissue practice to: (1) Delete the requirement for a
reissue oath or declaration to include a statement that all errors arose
without any deceptive intent on the part of the applicant; (2) eliminate
the requirement for a supplemental oath or declaration when a claim is
amended, and require a corrected oath or declaration only where all errors
previously identified in the reissue oath or declaration are no longer
being relied upon as the basis for reissue; (3) require applicants to
specifically identify any broadening of a patent claim, rather than merely
provide an alternative statement that applicant is correcting an error of
either claiming more or less than a patentee was entitled to claim; and (4)
clarify that a single claim containing both a broadening and a narrowing of
the claimed invention is to be treated as a broadening. These changes will
provide for more efficient processing of reissue applications and improve
the quality of patents, in accordance with the intent of the Leahy-Smith
America Invents Act. In order to implement the conforming amendment made to
35 U.S.C. 251 in Section 4(b)(2) of the Leahy-Smith America Invents Act,
the Office is also proposing to amend the rules to permit an assignee of
the entire interest who filed an application under 35 U.S.C. 118 that was
patented to sign the reissue oath or declaration in a reissue application
of such patent (even if the reissue application is a broadening reissue).

   Where the Director grants a patent on an application filed under amended
35 U.S.C. 118 by a person other than the inventor, the Office must grant
the patent to the real party in interest. Therefore, the Office proposes to
require applicants other than the inventor to notify the Office of any
change in ownership of the application no later than payment of the issue
fee. Absent any such notification, the Office will presume no change in
ownership of the application has occurred.

   The Office, under the authority provided by 35 U.S.C. 2(b)(2), also
proposes changes to the rules of practice for power of attorney,
prosecution of an application by an assignee, and foreign priority claims
to facilitate prosecution of applications and improve the quality of
patents. Juristic entities who seek to take over prosecution of an
application will need to do so via a registered practitioner. Juristic
entity includes entities such as corporations or other non-human entities
created by law and given certain legal rights. This practice is consistent
with the general rule in Federal courts that a juristic entity must be
represented by counsel admitted to practice before the court. See, e.g.,
Osborn v. Bank of United States, 22 U.S. (9 Wheat.) 738, 830 (1824) (a
corporation can appear in court only by attorney); Richdel, Inc. v.
Sunspool Corp., 699 F.2d 1366 (Fed.Cir.1983) (corporation must be
represented in court by an attorney); Southwest Express Co., Inc. v.
Interstate Commerce Commission, 670 F.2d 53, (5th Cir. 1982) (a corporation
or partnership must be represented in court by an attorney). The Office's
experience is that the vast majority of juristic entities act via a
registered practitioner, but a small number attempt to prosecute
applications "pro se."

   Other proposed changes include: providing for the carryover of a power
of attorney in continuation and divisional applications, and in
continuation-in-part applications where the inventorship is the same as in
the immediate prior application; permitting practitioners who have acted
only in a representative capacity in an application to change the
correspondence address after a patent has issued; accepting the signature
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 350 

of a practitioner of record on a statement under 37 CFR 3.73(b) on behalf
of an assignee without requiring further evidence of the practitioner's
authority to act on behalf of the assignee; providing a procedure for
handling conflicts between different purported assignees attempting to
control prosecution; and harmonizing the practice regarding foreign
priority claims with the practice regarding domestic benefit claims by
requiring both types of claims to be set forth in an application data
sheet.

Discussion of Specific Rules

   Title 37 of the Code of Federal Regulations, Part 1, is proposed to be
amended as follows:

   Section 1.1: Section 1.1(e) is proposed to be amended to update the mail
stop designation for communications relating to patent term extensions
under 35 U.S.C. 156 to make it consistent with the Office's list of mail
stops. Mail stops assist the Office in routing correspondence to the office
or area assigned with treating it. Use of mail stops is not required but is
strongly recommended, even where the documents are submitted via the
Office's electronic filing system-Web (EFS-Web). A mail stop designation
can help the Office more quickly identify the type of document where
applicant did not select the correct document code when uploading a
document through EFS-Web. For this reason, use of mail stops is encouraged.

   Applicants are reminded that initial requests for patent term extension
may not be submitted via EFS-Web and must be filed in paper. These initial
requests are handled differently by Office personnel than other types of
official patent correspondence. Therefore, the use of a mail stop will help
ensure that initial requests are properly recognized and processed in a
timely manner.

   Section 1.4: Section 1.4(e) is proposed to be amended to require that a
payment by credit card in patent cases may only be submitted with an
original handwritten signature personally signed in permanent dark ink or
its equivalent. This change is proposed to avoid possible controversies
regarding use of an S-signature (§ 1.4(d)(2)) instead of a handwritten
signature (§ 1.4(d)(1)) for credit card payments, e.g., a request for
refund where there is a change of purpose by the applicant and the request
is based on use of an S-signature rather than a handwritten signature.

   Section 1.31: Section 1.31 is proposed to be amended to create
paragraphs (a) and (b). Section 1.31(a) would retain the subject matter of
the first sentence of current § 1.31 with the second sentence of current §
1.31 being placed in paragraph (b). Section 1.31(a) is proposed to be
amended, under the authority provided by 35 U.S.C. 2(b)(2), to include a
provision that a juristic entity must be represented by a patent
practitioner. An additional clarification is provided that prosecution by a
juristic entity is governed by § 3.71(a), and the taking of action by an
assignee is governed by § 3.73. See also the discussion of § 1.33(f).

   Section 1.32: Section 1.32(d) is proposed to be added to address the
filing in a continuing application of powers of attorney from the parent
application. Proposed § 1.32(d) provides that a power of attorney from a
prior application for which benefit is claimed under 35 U.S.C. 120, 121, or
365(c) in a continuing application may have effect in the continuing
application if the inventorship of the continuing application is the same
as the prior application or one or more inventors from the prior
application has been deleted in the continuing application, and if a copy
of the power of attorney from the prior application is filed in the
continuing application. Current § 1.63(d)(4) (proposed to be deleted in
this notice) provides that, when filing continuation and divisional
applications and including a copy of a declaration from the parent
application, applicants should "identify" in the continuation or divisional
any change in power of attorney that occurred after the filing of the
parent application. The requirement in § 1.63(d)(4) to "identify" the
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 351 

change in power of attorney has been interpreted differently by applicants
causing confusion for the Office as to who has the power of attorney. For
example, some applicants have filed a copy of the power of attorney from
the parent, while others have filed a copy of only the notice of acceptance
of power of attorney or just made a statement about the power of attorney
in a transmittal letter that accompanied the continuation or divisional
application. Because of these past inconsistencies in "identifying" a
change in power of attorney, specifically requiring a copy of the power of
attorney from the prior application to be filed in the continuing
application (even where a change in power did not occur in the prior
application) will make the record clear with respect to who has power of
attorney.

   The Office does not recommend that practitioners use a combined
declaration and power of attorney document and no longer provides a
combined declaration and power of attorney form on its Internet Web site.
The power of attorney should be from the assignee where one exists.
Otherwise, the assignee may be paying the bill, while the inventor is
providing the power of attorney, thereby possibly raising an issue as to
who is the practitioner's client. Additionally, relationships between an
assignee and the inventors may deteriorate. It is not uncommon in these
situations for inventors to stop cooperating, and in some cases, file
powers of attorney in an attempt to control prosecution of the application.

   Section 1.32(e) is proposed to be added to clarify that, where a power
of attorney has been granted by all of the inventors (as opposed to the
assignee), the addition of an inventor pursuant to a request granted under
§ 1.48 results in the loss of that power of attorney unless the added
inventor provides a power of attorney consistent with the existing power
of attorney from the other inventors. This provision does not preclude a
practitioner from acting pursuant to § 1.34, if applicable.

   A power of attorney is a written document by which a principal (i.e.,
the applicant for patent or assignee of entire interest) authorizes one or
more patent practitioners or joint inventors to act on his or her behalf.
See § 1.32(a). Where a power of attorney from the inventors is already
present in the application file, and a request is filed to add one or more
inventors pursuant to § 1.48, the grant of the § 1.48 request results in
the power of attorney of record being signed by less than all of the
inventors. The Manual of Patent Examining Procedure specifies that papers
giving a power of attorney in an application will not be accepted when
signed by less than all of the inventors unless accompanied by a petition
under § 1.183 and fee under § 1.17(f) demonstrating the extraordinary
situation where justice requires the waiver of the requirement in §
1.32(b)(4) that all of the inventors sign the power of attorney. See Manual
of Patent Examining Procedure (MPEP) § 402.10 (8th ed. 2001) (Rev. 8, July
2010). Because the inventive entity changes upon grant of the § 1.48
request, the power of attorney of record can no longer be effective in the
application.

   It should be noted that a practitioner may only act in a representative
capacity on behalf of all of the applicants or owners of a patent
application, unless a petition is granted in accordance with MPEP § 402.10.
Section 1.34 does not authorize a practitioner to take action in a patent
application where he or she has authority or a power of attorney from less
than all of the inventors or owners, and is not provided as a means to
subvert the petition requirements set forth in MPEP § 402.10. Where a power
of attorney was already of record in the file prior to the filing and grant
of the § 1.48 request, and the practitioner cannot secure a power of
attorney from each added inventor, the procedures set forth in MPEP §
402.10 must be followed, unless a power of attorney from the assignee of
the entire right, title, and interest, or from partial assignees who
collectively make up the entire right, title, and interest (after ownership
is established pursuant to § 3.71) is filed.

   Section 1.33: Section 1.33(a) is proposed to be amended to specify that
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 352 

if an applicant provides more than one correspondence address in a single
paper or in multiple papers submitted on one day, the Office will select
one of the specified addresses for use as the correspondence address and,
if given, may select the correspondence address associated with a Customer
Number over a typed correspondence address. This proposal addresses the
problem that arises when applicants provide multiple correspondence
addresses in a single paper (e.g., providing both a typed correspondence
address and a Customer Number in a single paper) or multiple papers (e.g.,
an oath or declaration, a transmittal letter, and a preliminary amendment
that each includes a different correspondence address) on one day, and the
Office inadvertently did not select the correspondence address actually
desired by applicant. The Office may then need to re-mail papers to the
desired address. This proposed change does not affect the hierarchy
provided in § 1.76(d) for inconsistencies between an application data sheet
and other documents. The proposed change is intended to encourage
applicants to carefully review their submissions to ensure that the Office
receives clear instructions regarding the correspondence address.

   Section 1.33(b)(3) is proposed to be removed and reserved in view of
changes proposed in § 1.33(f), which provides that a juristic entity may
prosecute a patent application only through a patent practitioner. See the
discussion of proposed § 1.33(f), below.

   Section 1.33 is proposed to be amended to add a new § 1.33(f) to provide
that an assignee may only conduct prosecution of an application in
accordance with §§ 1.31 and 3.71. Thus, all papers submitted on behalf of a
juristic entity must be signed by a patent practitioner. This change is
proposed because juristic entities have been attempting to prosecute patent
applications before the Office pro se and consequently requesting
additional assistance from the examiner. Juristic entities attempting to
prosecute patent applications before the Office pro se also make more
procedural errors that result in delays in prosecution. Accordingly, this
proposal will facilitate a reduction in the Office backlog by reducing the
delays.

   Section 1.33 is proposed to be amended to add a new § 1.33(g) to replace
§ 1.63(d)(4) with respect to the correspondence address. Where application
papers from a prior application are used in a continuing application and
the correspondence address was changed during the prosecution of the prior
application, an application data sheet or separate paper identifying the
updated correspondence address to be used for the continuing application
must be submitted. Otherwise, the Office may not recognize the change of
correspondence address effected during the prosecution of the prior
application. Where copies of submitted papers, e.g., an oath or
declaration, contain an outdated address (that was changed during
prosecution of the prior application), an application data sheet or
separate paper identifying the updated correspondence address to be used
must be submitted. Presently, some applicants file continuing applications
with copies of papers from the prior application that include
correspondence addresses to former law firms or that are no longer current.
The proposal would facilitate the processing of patent applications by the
Office by making it easier to determine the correct correspondence address
and reduce the number of instances where the Office mails correspondence to
an incorrect address.

   Section 1.33 is proposed to be amended to add a new § 1.33(h) to provide
that a practitioner acting in a representative capacity in an application
may change the correspondence address after the patent has issued, provided
that the change of correspondence address is accompanied by a statement
that notice has been given to the applicant or owner. Proposed § 1.33(h) is
intended to provide a means for practitioners acting in a representative
capacity in an application to effect a change in correspondence address
after the patent has granted but would not provide authority to a
practitioner acting under § 1.34 to change the correspondence address in an
application after a § 1.63 oath or declaration by any of the inventors has
been filed. See § 1.33(a)(2).
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 353 


   Practitioners that file and prosecute an application in a representative
capacity, pursuant to § 1.34, usually provide their business address as the
correspondence address of record. Once the patent issues, some
practitioners attempt to withdraw as attorney or agent by filing a
petition, and also attempt to change the correspondence address to direct
correspondence to the applicant's or owner's address. Such attempts are not
successful as the current rules do not permit the correspondence address to
be changed by a practitioner acting in a representative capacity, nor will
the Office grant withdrawal where a practitioner is not of record. See
Change in Procedure for Requests to Withdraw from Representation In a
Patent Application, 1329 Off. Gaz. Pat. Office 99 (Apr. 8, 2008). There
have been instances where practitioners acting in a representative capacity
have indicated that they have repeatedly requested that the client change
the correspondence address, but the client has refused to submit the change
of correspondence address to the Office. Proposed § 1.33(h) would permit
practitioners to change the correspondence address after a patent has
issued where practitioners have provided notice to the applicants or
owners.

   Section 1.41: Section 1.41(a)(3) is proposed to be amended to delete the
language regarding provision of the citizenship of each person believed to
be an inventor when the application papers for a nonprovisional application
are filed without an oath or declaration as prescribed by § 1.63, or when
application papers for a provisional application are filed without a cover
sheet as prescribed by § 1.51(c)(1). Thus, only the name and residence of
each person believed to be an inventor should be provided when
nonprovisional application papers are filed without an oath or declaration
or provisional application papers are filed without a cover sheet.

   Section 1.41(a)(4) is proposed to be amended to simplify correction of
inventorship in a national stage application under 35 U.S.C. 371. Under the
current provision of § 1.41(a)(4), to correct inventorship, applicants must
either: (1) File an oath or declaration executed by the inventors
identified in the international phase and then follow the procedures under
§ 1.48(b) or (c) to correct inventorship due to claim amendments; or (2)
file a request to correct inventorship under § 1.497(d), where inventorship
was erroneously identified in the international phase. The proposed
amendment to § 1.41(a)(4) treats national stage applications as analogous
to applications filed under 35 U.S.C. 111(a) in that the first submission
of an executed oath or declaration acts to correct the earlier
identification of inventorship. See current § 1.48(f)(1).

   Section 1.41(c) is proposed to be amended to differentiate between the
mere delivery of a patent application and other correspondence to the
Office and the signing of official correspondence. Proposed § 1.41(c) would
provide that any person may physically or electronically deliver an
application for patent and related correspondence, including fees, to the
Office on behalf of the inventor(s), except that an oath or declaration (§
1.63) can only be made in accordance with § 1.64. Proposed § 1.41(c) would
also provide that amendments and other papers must be signed in accordance
with § 1.33(b). This is consistent with the language of current § 1.33(b).

   Section 1.42: Section 1.42 is proposed to be amended to set forth the
procedures for satisfying the oath or declaration provisions of 35 U.S.C.
115 for deceased and legally incapacitated inventors in paragraphs (a)
through (c). Current § 1.42 provides that in the case of the death of an
inventor, the legal representative (e.g., executor, administrator, etc.) of
the deceased inventor may make the necessary oath or declaration, and apply
for and obtain the patent. Current § 1.43 provides that in the case of an
inventor who is legally incapacitated, the legal representative (e.g.,
guardian, conservator, etc.) of the legally incapacitated inventor may make
the necessary oath or declaration, and apply for and obtain the patent. 35
U.S.C. 115(d) sets forth the permitted circumstances in which the applicant
for patent may provide a substitute statement in lieu of executing an oath
or declaration under 35 U.S.C. 115(a). Specifically, the permitted
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 354 

circumstances in which a substitute statement may be made with respect to
an individual include: (1) Where the individual is deceased; (2) where the
individual is legally incapacitated; (3) where the individual cannot be
found or reached after diligent effort; or (4) where the individual is
under an obligation to assign the invention but has refused to make the
oath or declaration required under 35 U.S.C. 115(a). Proposed § 1.42 would
cover the first two permitted circumstances, while proposed § 1.47 would
cover the last two permitted circumstances. It is noted that 35 U.S.C.
115(d) also gives the Director the authority to specify additional
circumstances by regulation.

   Amended 35 U.S.C. 118 provides for a person to whom the inventor has
assigned or is under an obligation to assign the invention to make an
application for patent, and for a person who otherwise shows sufficient
proprietary interest in the matter to make an application for patent on
behalf of, and as agent for, the inventor on proof of the pertinent facts
and a showing that such action is appropriate to preserve the rights of the
parties. Accordingly, the Office is proposing amendments to § 1.42 to
provide for the ability of the assignee, a party to whom the inventor is
under an obligation to assign the invention, or a party who otherwise shows
sufficient proprietary interest to execute the oath or declaration under §
1.63 in the case of a deceased or legally incapacitated inventor, in
addition to the legal representative of such an inventor. This oath or
declaration, together with any necessary showing, constitutes the
substitute statement provided for in 35 U.S.C. 115(d). The Office is
interpreting the term "person" as used in 35 U.S.C. 118 as including
juristic persons.

   Proposed § 1.42(a) provides that in the case of the death or legal
incapacity of the inventor, the legal representative (e.g., executor,
administrator, guardian, or conservator) of the deceased or incapacitated
inventor, the assignee, a party to whom the inventor is under an obligation
to assign the invention or a party who otherwise shows sufficient
proprietary interest in the matter may execute the oath or declaration
under § 1.63. Proposed § 1.42(a) further provides that the oath or
declaration must comply with §§ 1.63(a) and (b) and identify the inventor
who is deceased or legally incapacitated. Proposed § 1.42(a) further
provides that a party who shows sufficient proprietary interest in the
matter executes the oath or declaration on behalf of the deceased or
incapacitated inventor.

   Proposed § 1.42(b) provides that a party to whom the inventor is under
an obligation to assign the invention or a party who otherwise has
sufficient proprietary interest in the matter who is taking action under §
1.42 must file a petition, accompanied by the fee set forth in § 1.17(g)
and a showing, including proof of pertinent facts, either that: (1) The
deceased or incapacitated inventor is under an obligation to assign the
invention to the party; or (2) the party has sufficient proprietary
interest in the matter to execute the oath or declaration on behalf of the
deceased or incapacitated inventor and that such action is necessary to
preserve the rights of the parties. Legal representatives of deceased or
incapacitated inventors would be able to execute the oath or declaration
for such an inventor without the need for a petition, consistent with the
practice under current §§ 1.42 and 1.43. In addition, assignees would now
be able to execute the oath or declaration for a deceased or incapacitated
inventor without the need for a petition. However, a party to whom the
inventor is under an obligation to assign or a party who otherwise has
sufficient proprietary interest would need to file a petition as set forth
in proposed § 1.42(b) in order to execute the oath or declaration for a
deceased or incapacitated inventor. The proof required would be similar to
the current proof required when an assignee, a party to whom an inventor
has agreed in writing to assign the invention, or a party who otherwise
shows sufficient proprietary interest in the matter files a petition under
current § 1.47(b). The proof required to show proprietary interest and to
show that the action is necessary to preserve the rights of the parties in
a petition under current § 1.47(b) is discussed in MPEP §§ 409.03(f) and
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 355 

(g). The language "or to prevent irreparable damage" contained in current
§ 1.47(b) has not been included in proposed § 1.42(b) because 35 U.S.C.
118, as amended by the Leahy-Smith America Invents Act, does not contain
this language.

   Proposed § 1.42(c) contains language similar to current § 1.42 (second
sentence) with the addition of the term "assignee" and the limitation that
the intervention must be "pursuant to this section." Thus, where an
inventor dies during the time intervening between the filing of the
application and the granting of a patent thereon, the letters patent may be
issued to the legal representative or the assignee upon proper intervention
under § 1.42.

   Section 1.43: Section 1.43 is proposed to be removed and reserved. The
provisions relating to inventors who are legally incapacitated are proposed
to be moved to § 1.42 and revised as discussed above.

   Section 1.47: Section 1.47 is proposed to be amended to revise the
procedures for when an inventor refuses to sign the oath or declaration or
cannot be reached after diligent effort to sign the oath or declaration.
Current § 1.47(a) provides a petition procedure for when an inventor
refuses to sign the oath or declaration or cannot be reached after diligent
effort, which requires each of the available inventors to sign the oath or
declaration on behalf of himself or herself and the nonsigning inventor, a
petition including proof of the pertinent facts, the petition fee in §
1.17(g), and the last known address of the nonsigning inventor. Current §
1.47(b) provides a petition procedure for when all inventors are refusing
to sign the oath or declaration or cannot be reached after diligent effort
and thus no inventors are available to sign the oath or declaration. In
this situation, current § 1.47(b) permits a person to whom the inventor has
assigned or agreed in writing to assign the invention, or who otherwise
shows sufficient proprietary interest in the matter, to sign the oath or
declaration on behalf of and as agent for all the inventors. Current §
1.47(b) requires a petition including proof of pertinent facts, a showing
that such action is necessary to preserve the rights of the parties or to
prevent irreparable damage, the petition fee set forth in § 1.17(g), and
the last known address of all inventors. Thus, under the current rule, the
assignee, a party to whom the inventor has agreed in writing to assign the
invention, or a party who otherwise shows sufficient proprietary interest
in the matter can only sign the oath or declaration for a nonsigning
inventor under § 1.47(b), when there are no inventors available to sign the
oath or declaration.

   Proposed § 1.47(a) provides that if an inventor or a legal
representative of a deceased or incapacitated inventor refuses to execute
the oath or declaration, or cannot after diligent effort be found or
reached to execute the oath or declaration, then the assignee of the
nonsigning inventor, a party to whom the inventor is obligated to assign
the invention, or a party who otherwise shows sufficient proprietary
interest may execute the oath or declaration. Proposed § 1.47(a) further
provides that a party who shows sufficient interest in the matter executes
the oath or declaration on behalf of the nonsigning inventor. This expands
the situations in which an assignee, a party to whom the inventor is
obligated to assign, or a party who otherwise shows sufficient proprietary
interest can execute the oath or declaration beyond what is permitted in
current § 1.47(b). Thus, even if other inventors are signing the oath or
declaration, the assignee of the nonsigning inventor, a party to whom the
inventor is obligated to assign, or a party who otherwise shows sufficient
proprietary interest would be able to execute the oath or declaration for
the nonsigning inventor, accompanied by the petition under proposed §
1.47(a).

   Proposed § 1.47(b) provides that if a joint inventor or legal
representative of a deceased or incapacitated joint inventor refuses to
execute the oath or declaration, or cannot be found or reached after
diligent effort, the remaining inventor(s) may execute the oath or
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 356 

declaration on behalf of himself or herself and the nonsigning inventor.
This is similar to the practice in current § 1.47(a) where the available
inventor(s) can execute the oath or declaration on behalf of himself of
herself and the nonsigning inventor. Current § 1.47(a) and (b) also apply
to nonsigning legal representatives, although not expressly stated in the
rule. Proposed § 1.47(a) and (b) make it explicit in the rule that the
provisions apply to nonsigning legal representatives of deceased or
incapacitated inventors.

   Proposed § 1.47(c) provides that any oath or declaration executed
pursuant to § 1.47 must comply with the requirements of § 1.63(a) and (b)
and be accompanied by a petition that: (1) Includes the petition fee set
forth in § 1.17(g); (2) identifies the nonsigning inventor, and includes
the last known address of the nonsigning inventor; and (3) states either
that the inventor or legal representative cannot be reached after a
diligent effort was made, or has refused to execute the oath or declaration
when presented with a copy of the application papers, with proof of the
pertinent facts. The proof required to show that the inventor refuses to
execute the oath or declaration, or cannot be found or reached after
diligent effort, is the same level of proof currently required for § 1.47
petitions and is discussed in MPEP § 409.03(d).

   In addition, proposed § 1.47(c)(4) requires a party to whom the
nonsigning inventor is under an obligation to assign the invention, or a
party who has sufficient proprietary interest in the matter acting under §
1.47(a) to also provide a showing, including proof of the pertinent facts,
either that: (1) The nonsigning inventor is under an obligation to assign
the invention to the party; or (2) the party has sufficient proprietary
interest in the matter to execute the oath or declaration on behalf of the
nonsigning inventor and that such action is necessary to preserve the
rights of the parties. The proof required would be similar to the current
proof required when an assignee, a party to whom an inventor has agreed in
writing to assign the invention, or a party who otherwise shows sufficient
proprietary interest in the matter files a petition under current §
1.47(b). As noted above in the discussion regarding proposed § 1.42, the
proof required to show proprietary interest and to show that the action is
necessary to preserve the rights of the parties is discussed in MPEP §
409.03(f) and (g). The language "or to prevent irreparable damage"
contained in current § 1.47(b) has not been included in proposed § 1.47(c)
because amended 35 U.S.C. 118 does not contain this language.

   Proposed § 1.47(d) contains language similar to current § 1.47(c).
Specifically, proposed § 1.47(d) provides that the Office will publish
notice of the filing of the application in the Official Gazette, and the
Office may send notice of the filing of the application to the nonsigning
inventors at the address(es) provided in the petition under § 1.47. The
option to give notice via publication in the Official Gazette helps the
Office to reach nonsigning inventors, particularly when the Office knows
that such notice, if sent to the address(es) provided in the petition,
would only be returned to the Office as being undeliverable. Proposed §
1.47(d) also permits the Office to dispense with the notice provision in a
continuing application (including a continuation-in-part), not just a
continuation or divisional application, if notice regarding the filing of
the prior application was given to the nonsigning inventor such as by
publication in the Official Gazette.

   Proposed § 1.47(e) provides that a nonsigning inventor or legal
representative may subsequently join in the application by submitting an
oath or declaration under § 1.63 subsequent to a § 1.47 petition being
granted. This is similar to language contained in current § 1.47(a) and (b)
that provides for a nonsigning inventor to subsequently join in the
application by filing an executed oath or declaration complying with §
1.63. Proposed § 1.47(e) also provides that the submission of an oath or
declaration by a nonsigning inventor or legal representative after a § 1.47
petition has been granted will not permit the nonsigning inventor or legal
representative to revoke or grant a power of attorney. This is not a change
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 357 

in practice but is merely a clarification of power of attorney practice.

   Section 1.48: Section 1.48 is proposed to be amended to add paragraph
(k) to provide for a simplified procedure for correcting inventorship in a
national stage application. As discussed below, current § 1.497(d) and (e),
which include provisions for correcting inventorship in a national stage
application, are proposed to be deleted. The corrective procedure in
proposed § 1.48(k) has been simplified in light of the amendment to 35
U.S.C. 116 eliminating the requirement that the error in inventorship
"arose without any deceptive intention" on the part of the inventor being
added or the inventor being deleted. Proposed § 1.48(k) provides that the
procedure in § 1.48(a) may also be used for correcting an error in
inventorship in a national stage application under 35 U.S.C. 371 prior to
becoming a nonprovisional application, and for correcting an error in the
inventive entity set forth in an executed declaration submitted under PCT
Rule 4.17(iv).

   Section 1.48 is also proposed to be amended to eliminate the "without
deceptive intention" requirement (as this requirement has been eliminated
from 35 U.S.C. 116), and delete the reference to § 1.43 (as § 1.42 is
proposed to be amended to include the subject matter of § 1.43).

   Section 1.53: Section 1.53(f)(4) is proposed to be amended by revising
reference to § 1.63(d) consistent with the proposed change in § 1.63(d).
Specifically, the terms "continuation" and "divisional" in paragraph (f)(4)
would be replaced by "continuing" to reflect that proposed § 1.63(d) also
covers continuation-in-part applications.

   Section 1.55: Sections 1.55(a)(1)(i), (c), and (d)(1)(ii) are proposed
to be amended to require a foreign priority claim be identified in an
application data sheet (§ 1.76), or a supplemental application data sheet,
as is appropriate. The revision is intended to make clear what may be a
confusing practice to practitioners. Currently, a foreign priority claim
may be located anywhere in an application for § 1.55 compliance, while
compliance with current § 1.63(c) requires the foreign priority claim must
be supplied in an application data sheet or identified in the oath or
declaration. Thus, it is possible for an applicant's foreign priority claim
to comply with § 1.55, but not § 1.63(c). The proposed amendment
establishes a single location for the foreign priority claim in the
application data sheet, which would facilitate application processing by
providing practitioners with a clear location for the foreign priority
claim, and the Office with one location to quickly locate the foreign
priority claim.

   35 U.S.C. 119(b) does not specify the particular location in the
application for setting forth a claim to the benefit of a prior foreign
application. However, 35 U.S.C. 119(b) provides that the foreign
application is identified by specifying the application number, country or
intellectual property authority, and filing date of each foreign
application for which priority is claimed. In addition, 37 CFR
1.55(a)(1)(i) requires identification of any foreign application having a
filing date before that of the application for which priority is claimed.
Providing this information in the application data sheet constitutes the
claim for foreign priority as required by 35 U.S.C. 119(b) and § 1.55(a).

   Providing this information in a single location will facilitate more
efficient processing of applications, as the Office will only have to look
at one location for the priority claim and the most recent application data
sheet will govern. Currently, the Office must look at the specification,
amendments to the specification, the oath or declaration, the application
data sheet (if provided), and elsewhere to determine the priority claim.
When applicants provide inconsistent information relating to the claim for
foreign priority, the Office must then determine which priority claim
governs.

   Additionally, providing this information in a single location will
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facilitate review of patents and patent application publications, because
applications frequently provide a benefit and/or foreign priority claim in
the first sentence(s) of the specification, which is superseded by an
application data sheet that includes a different benefit or foreign
priority claim, and thus the benefit claim and/or foreign priority
information included in the first sentence(s) of the specification is
different from the benefit claim and/or foreign priority information
contained on the front page of the patent or patent application
publication. While the benefit and/or foreign priority claim on the front
page of the patent or patent application publication is usually correct,
anyone (including an examiner, a practitioner, or the public) reviewing the
patent or patent application publication must review the file history of
the application to verify this to be correct.

   Since most applications are filed with an application data sheet,
requiring the benefit and/or foreign priority claims to be included in the
application data sheet will not require most practitioners to change their
practice.

   Section 1.63: Section 1.63(a) is proposed to be amended to recite
applicability of the paragraph to both 35 U.S.C. 111(a) national
applications and 35 U.S.C. 371 national stage applications of international
PCT applications. Section 1.63(a)(1) is proposed to be amended to delete
the statement relating to a lack of a minimum age requirement as
unnecessary in view of the later requirement, proposed § 1.63(a)(6)
(reformatted from current § 1.63(b)(2)), that the person signing has
reviewed and understands the contents of the application.

   Section 1.63(a)(2) is proposed to be amended to simplify the requirement
for the inventor name to be his or her full name without reference to a
family or given name, but an initial may only be provided for the middle
name. The requirement for a full name is sufficient, given that individuals
do not always have both a family name and a given name, or have varying
understandings of what a "given" name requires.

   Section 1.63(a)(3) is proposed to be amended to delete the requirement
for identifying the country of citizenship for each inventor, as this
information has been deleted as a requirement from 35 U.S.C. 115. Section
1.63(a)(3) would also be amended to set forth a requirement to identify the
application to which the oath or declaration is directed (currently set
forth in § 1.63(b)(1)).

   Section 1.63(a)(4) is proposed to be amended to delete the requirement
that the person executing the oath or declaration state that he or she is
believed to be the "first" inventor consistent with the language in 35
U.S.C. 115(b)(2) and with the statutory change to a first-inventor-to-file
system from a first-to-invent system. Additionally, § 1.63(a)(4) is
proposed to be clarified by adding the term "joint" before inventors and
referring to the submission of the oath or declaration rather than
referring to a patent being sought.

   Section 1.63(a)(5) is proposed to be added to contain the requirement
from 35 U.S.C. 115(b)(1) that the oath or declaration state that the
application was made or was authorized to be made by the inventor.

   Section 1.63(a)(6) is proposed to be added to contain the requirement
from current § 1.63(b)(2) that the person making the oath or declaration
has reviewed and understands the application. Sections 1.63(a)(4) and
(a)(6), as proposed, also require that the averments therein be applicable
in any application for which the oath or declaration is being submitted
such as a continuing application.

   Section 1.63(a)(7) is proposed to be added to contain the requirement
from current § 1.63(b)(3) regarding the § 1.56 duty being acknowledged.

   Section 1.63(b) is proposed to be amended by reciting the requirements
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 359 

for the mailing address and the residence of an inventor (transferred from
current § 1.63(c)(1)), and adds the alternative of using an application
data sheet (transferred from current § 1.63(c)). The mailing address
requirement would be further clarified by noting that it is the address
where the inventor "customarily receives mail," which may encompass an
address where the inventor works, a post office box, or other address where
mail is received, even if it is not the main mailing address of the
inventor. The mailing address is for the benefit of the inventor in the
event that the Office needs to contact the inventor directly. Accordingly,
care should be taken in identifying the mailing address, but the
requirement is not one that the Office would investigate or confirm its
accuracy. Current §§ 1.63(b)(1) through (b)(3) are proposed to be deleted
as the requirements are moved to other portions of proposed § 1.63 (i.e.,
current paragraph (b)(1) is moved to paragraph (a)(3), current paragraph
(b)(2) is moved to paragraph (a)(6), and current paragraph (b)(3) is moved
to paragraph (a)(7)).

   Section 1.63(c) and (c)(1) are proposed to be amended by moving the
current requirements to paragraph (b). Current § 1.63(c)(2) is proposed to
be amended by deleting the current requirement for identifying the claim
for foreign priority under § 1.55 in the oath or declaration. This
amendment reflects the Office's desire to harmonize presentation of a claim
for foreign priority under § 1.55 and of a claim for domestic benefit under
§ 1.78. The current requirement that the domestic claim for benefit be
placed in the first sentence(s) of the specification or an application data
sheet (§ 1.76), while requiring that a foreign priority claim be identified
in an oath or declaration or application data sheet has led to confusion by
applicants as to the proper placement of these priority or benefit claims
and to Office processing issues of such claims. As Section 3 of the
Leahy-Smith America Invents Act has placed foreign priority claims on equal
footing as domestic benefit claims regarding what may be relied upon as a
prior art date, it is important that there be one unified place that the
Office and the public can rely upon in determining the presence of these
claims. Accordingly, §§ 1.55 and 1.78 are proposed to be amended to provide
for a unified way in the application data sheet to present foreign priority
and domestic benefit claims for inclusion in a printed patent or a patent
application publication.

   Sections 1.63(c)(1)(i) and (ii) are proposed to provide for the use of
assignments to also include the oath or declaration as provided in 35
U.S.C. 115(e). Proposed §§ 1.63(c)(1)(i) and (ii) would provide that the
inventor can, when executing an assignment of his or her invention, include
the information and statements that would be required under §§ 1.63(a) and
(b). Section 1.63(c)(1)(ii) would require that the assignment be made of
record by recording the assignment, and filing the copy of the assignment
in the application for which it is being used as an oath or declaration. If
the assignment has not been recorded prior to its reliance in an
application, the assignment may be sent for recording at the same time it
is being submitted in the application, provided applicant makes a statement
to that effect. Applicants need to be mindful of the proposed amendment in
§ 3.31 requiring a conspicuous indication, such as by use of a check-box on
the assignment cover sheet, to alert the Office that an assignment
submitted with an application is submitted for a dual purpose: recording in
the assignment database, such as to support a power of attorney, and for
use in the application as the oath or declaration. Assignments cannot be
recorded unless an application number is provided against which the
assignment is to be recorded.

   Currently, when an assignment is submitted for recording along with a
paper application, the assignment is separated from the paper application
and forwarded to the Assignment Recordation Branch for recording in its
database at the time when the application is assigned an application
number. The assignment in such case does not become part of the application
file.

   Under the proposed new permitted use of an assignment as including an
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 360 

oath or declaration, the Office, when it receives an assignment with a
paper application filing, will continue to forward the assignment to the
Assignment Recordation Branch without making it part of the application
file, unless the check-box is used on the assignment cover sheet to
indicate the intended use of the assignment to comply with the oath or
declaration requirement. Where the check-box is used, the Office will make
a copy of the assignment to scan the assignment into the Image File Wrapper
(IFW) file for the application before forwarding it to the Assignment
Recordation Branch. Failure to utilize the check-box will result in a
Notice to File Missing Parts of Nonprovisional Application for an oath or
declaration, as the assignment will not be made part of the application
file and the Office will not recognize compliance with the § 1.63 oath or
declaration requirement. A copy of the assignment would need to be
submitted in reply to the Notice along with the surcharge for the late
submission of the oath or declaration.

   The Office has considered not requiring use of a check-box and
automatically scanning an assignment into the IFW file for the application,
but the Office believes that applicants should be provided with the option
of submitting an assignment only for recordation purposes without such
assignment becoming part of the IFW file.

   For EFS-Web filing of application papers, EFS-Web does not accept
assignments for recording purposes when filing an application. See Legal
Framework for Electronic Filing System--Web (EFS-Web), 74 FR 55200, 55202
(Oct. 27, 2009). Recording of assignments may only be done electronically
in EPAS (Electronic Patent Assignment System), notwithstanding the
existence of a link from EFS-Web to EPAS that can be utilized to file an
assignment after the application is filed. Accordingly, for EFS-Web
submissions, all assignments submitted on filing of the application or
later submitted will be made of record in the application (entered into the
Image File Wrapper (IFW)), and will not be forwarded to the Assignment
Recordation Branch for recordation by the Office. Thus, an assignment must
be separately submitted to the Assignment Recordation Branch, and in the
application file where the assignment is to be used for a dual purpose. It
is the intention of the Office to develop a system whereby one submission
of an assignment can be electronically treated for the dual purpose.

   The Office considered whether a clarifying amendment to § 1.12(b) should
be made to state that a recorded assignment should be available to the
public where it is used as the oath or declaration. However, assignment
records are available to the public whenever the related application is
available to the public. As proposed, a copy of the recorded assignment
document would become part of the application file and would be available
to the public when the application becomes available to the public.

   Section 1.63(c)(2) is proposed to provide that any reference to an oath
or declaration pursuant to § 1.63 would include the assignment as provided
for in § 1.63.

   Section 1.63(d)(1) is proposed to be amended to provide that a newly
executed oath or declaration in an application claiming benefit under 35
U.S.C. 120, 121, or 365(c) is not required in a later-filed application
where the oath or declaration in the earlier-filed application is compliant
with § 1.78. Section 1.63(d)(1) is also proposed to be amended to add a
reference to § 1.497(a).

   The Office considered whether to restrict the use of a copy of an oath
or declaration to one from an "immediate" earlier-filed application, but
determined that an oath or declaration copy could be used from any
earlier-filed application in a chain of benefit claims so long as the oath
or declaration continues to be appropriate. This interpretation reflects
the breadth of the language utilized by the
statute.

   35 U.S.C. 115(g)(1)(A) provides an exception to the requirement for an
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 361 

oath or declaration for applications where the application claims the
benefit under 35 U.S.C. 120, 121, or 365(c) of the filing of an
earlier-filed application. As a claim for benefit under 35 U.S.C. 120
includes continuation-in-part (CIP) applications, it is also proposed to
extend the use of copies of oaths or declarations to CIP applications where
appropriate, in addition to the current continuations and divisional
applications, by the use of the term "continuing." Applicants are advised
that it would not be proper to submit any paper, e.g., a copy of a
declaration, in a continuing application that contains misstatements
relative to the continuing application. Sections 1.63(a)(4) and (a)(6) are
proposed to require that their statements (that the person executing the
oath or declaration believes the named inventor or joint inventors to be
the original inventor or original joint inventors of the claimed invention
in the application, and that the person making the oath or declaration has
reviewed and understands the contents of the application) be applicable to
the "application for which the oath or declaration is being submitted,"
which includes any continuing application for which a copy of an oath or
declaration is being submitted under 35 U.S.C. 115(g) and § 1.63(d). Thus,
the following statements in the oath or declaration must be true for the
continuing application in order for an oath or declaration from a prior
application to be properly submitted in the continuing application under 35
U.S.C. 115(g) and § 1.63(d): (1) That the person executing the oath or
declaration believes the named inventor or joint inventors to be the
original inventor or original joint inventors of the claimed invention in
the application for which the oath or declaration is being submitted (i.e.,
the oath or declaration states the correct inventorship for the continuing
application); (2) that the person making the oath or declaration has
reviewed and understands the contents of the application for which the oath
or declaration is being submitted, including the claims, as amended by any
amendment specifically referred to in the oath or declaration; and (3) that
the person making the oath or declaration acknowledges the duty to disclose
to the Office all information known to the person to be material to
patentability as defined in § 1.56.

   Section 1.63(d)(1)(i) is proposed to be simplified by eliminating the
word "nonprovisional" as unnecessary since provisional applications do not
require an oath or declaration, and by referring to compliance with the
section as opposed to individual paragraphs of the section. Section
1.63(d)(1)(ii) is proposed to contain the requirement set forth in current
§ 1.63(d)(1)(iv) relating to the oath or declaration copy showing the
signature or an indication thereon that it was signed. The requirement of
current § 1.63(d)(1)(ii), relating to deleting inventors, is proposed to be
moved to proposed § 1.63(d)(2). The requirement of current §
1.63(d)(1)(iii) is proposed to be deleted in view of the applicability of
proposed § 1.63(d) to continuing applications, including
continuation-in-part applications. Current § 1.63(d)(1)(iv) subject matter,
relating to the presence of a signature, is proposed to be moved to
proposed § 1.63(d)(1)(ii). Section 1.63(d)(1)(iii) is proposed to require
that any new inventors named in the continuing application provide an
executed oath or declaration in compliance with this section.

   Section 1.63(d)(2) is proposed to contain the requirements set
forth in current §§ 1.63(d)(1)(ii) and 1.63(d)(2) relating to
the continuing application seeking to name fewer inventors and a
statement requesting deletion of the name or names of the person who
are not inventors. It is also proposed to require that such a statement
requesting deletion be signed pursuant to § 1.33(b). Additionally,
proposed § 1.63(d)(2) applies to continuing applications to include
continuation-in-part applications, rather than just continuation and
divisional applications.

   Section 1.63(d)(3) is proposed to contain the requirements of current §
1.63(d)(3), (d)(3)(i), and (d)(3)(ii) in simplified form. The provision for
submission of a copy of an oath or declaration where the earlier-filed
application has been accorded status under § 1.47 has been expanded to
cover § 1.42 situations relating to a deceased or legally incapacitated
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 362 

inventor.

   Current § 1.63(d)(4) is proposed to be deleted. The power of attorney in
a continuing application would be covered in proposed § 1.32. The
correspondence address in a continuing application would be treated in
proposed § 1.33(g).

   Section 1.63(d)(5) is proposed to be deleted. Whether a newly executed
declaration by an added inventor is required in a continuing application
would be covered by § 1.63(d)(1).

   Section 1.63(e) is proposed to be revised in that the current
requirement for a newly executed declaration in (CIP) applications would be
covered by § 1.63(d)(1). It is proposed that § 1.63(e) be amended to cover
the submission of oaths or declarations pursuant to 35 U.S.C. 115(h)(1). 35
U.S.C. 115(h)(1) provides that any person making a statement under this
section may at any time "withdraw, replace, or otherwise correct the
statement at any time." Section 1.63(e) as proposed would acknowledge that
an oath or declaration submitted at any time pursuant to 35 U.S.C.
115(h)(1) would be placed in the file record of the application or patent,
but may not be reviewed by the Office in view of the open ended time frame
that the statute provides. Oaths or declarations submitted pursuant to 35
U.S.C. 115(h)(1) that are timely submitted during prosecution of an
application would continue to be reviewed for compliance. A reminder is set
forth that mere submission of an oath or declaration pursuant to 35 U.S.C.
115(h)(1) would not, however, act to correct inventorship as compliance
with § 1.48 in an application and § 1.324 in a patent is required.

   Section 1.64: Section 1.64(b) is proposed to be amended to eliminate the
requirement that the oath or declaration must state the citizenship of the
legal representative who is signing the oath or declaration for a deceased
inventor. Since the requirement for an inventor to state his country of
citizenship in the oath or declaration has been eliminated from 35 U.S.C.
115, there is no basis to require the legal representative of an inventor
to state the legal representative's citizenship. Section 1.64(b) is also
proposed to be amended to change the phrase "deceased inventor" to
"deceased or legally incapacitated inventor" in the second sentence. This
change would require both a legal representative of a deceased inventor and
a legal representative of an incapacitated inventor to state that the
person is a legal representative. Additionally, the residence and mailing
address of the legal representative would also be required, but § 1.64 is
proposed to be amended to permit such information to be provided in an
application data sheet. This will permit the submission of such information
without requiring additional contact with the legal representative of a
deceased or legally incapacitated inventor. Section 1.64(b) is also
proposed to be amended to delete the reference to § 1.43 since § 1.43 is
proposed for combination with § 1.42.

   Section 1.67: The title of § 1.67 is proposed to be amended to
"Noncompliant oath or declaration" to better focus on the purpose of the
rule. 35 U.S.C. 115(h) limits the situations in which the Office may
require a supplemental oath or declaration. Section 1.67 is amended to
address the manner in which deficiencies in an oath or declaration can be
corrected.

   Section 1.67(a) is proposed to be amended to refocus the language
therein away from a supplemental oath or declaration to an oath or
declaration that complies with the requirements of 35 U.S.C. 115 and § 1.63
or 1.162. Sections 1.67(a)(1) and (2) are proposed to be amended to conform
to the changes to the title and § 1.67(a) by replacing the term
"supplemental" with "in compliance," and to delete reference to § 1.43 as §
1.43 is being proposed to be combined with § 1.42. Section 1.67(a)(3) is
proposed to be amended by deleting the explanatory parentheses as
unnecessary in view of the cross-reference to § 1.63 and updating the
reference to recite § 1.63(b). Additionally, it is proposed to refer to a
supplemental application data sheet in place of application data sheet, as
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 363 

a § 1.76 submission submitted after filing of the application must be a
supplemental application data sheet and not an application data sheet even
though it is the first § 1.76 submission.

   Section 1.67(b) is proposed to retain the material from current §
1.67(b) relating to no new matter by deleting the term "supplemental," as
revised § 1.67 is clarified to be directed towards noncompliant oaths or
declarations correcting deficiencies or inaccuracies.

   Section 1.76: Section 1.76(a) is proposed to be amended to clarify that
an application data sheet may be submitted in an international application
entering the national stage under 35 U.S.C. 371. Section 1.76(a) is also
proposed to be amended to require that an application data sheet must be
submitted to claim priority to or the benefit of a prior-filed application
under 35 U.S.C. 119, 120, 121, or 365 for consistency with the proposed
changes to §§ 1.55 and 1.78.

   Section 1.76(c)(1) is proposed to be amended to clarify that after an
application has been filed, a supplemental application data sheet, not an
application data sheet, is required. Section 1.76(c)(2) is proposed to be
amended to require that changes to the information must be indicated by
underlining for insertions of text, and strike-through or brackets for
deletions of text.

   The revision is intended to make clear the difference between an
application data sheet and a supplemental application data sheet. When an
application data sheet is provided, the application data sheet becomes part
of the application as filed and thus it does not have to be signed by the
applicant, unless it is a form such as PTO/SB/14 and a nonpublication
request is being made by the applicant on the form. When a supplemental
application data sheet is provided, the supplemental application data sheet
is an amendment to the application, and therefore the supplemental
application data sheet must be signed in accordance with § 1.33(b).
Applicants are also encouraged and reminded to use and submit an
application data sheet (PTO/SB/14) as an EFS-Web Fillable Form, rather than
a scanned PDF image, to benefit from having the data loaded directly into
USPTO electronic systems (there is no Office form for a supplemental
application data sheet). Use of an application data sheet benefits both the
Office and patent practitioners as the data is loaded directly into the
USPTO electronic systems, thus the data is accurately captured, reducing
time that is needed to review the Filing Receipt.

   Representative information including the registration number of each
practitioner, or the customer number, appointed with a power of attorney or
authorization of agent in the application may be provided on an application
data sheet. Providing this information in the application data sheet does
not constitute a power of attorney or authorization of agent in the
application (see §§ 1.76(b)(4), 1.34).

   Section 1.76(d) continues to set forth the procedure for resolving
inconsistencies between application data sheets and other documents. The
Office contemplated clarifying this subsection to address the situation
where inconsistent information regarding a benefit claim and/or foreign
priority is supplied by the application data sheet and the specification as
filed, and provide that the application data sheet will govern. In view of
the proposed changes to §§ 1.55 and 1.78, which state that benefit and/or
foreign priority claims must be in an application data sheet, there is no
need for this further clarification.

   Section 1.76(d)(1) is proposed to be amended to exclude foreign priority
claims in accordance with § 1.55(a)(1) and benefit claims in accordance
with §§ 1.78(a)(2)(iii) and 1.78(a)(5)(iii) from this subsection of the
rule, which indicates which information will govern when inconsistent
information is provided in an application. With the amendments to §§
1.55(a)(1), 1.78(a)(2)(iii), and 1.78(a)(5)(iii), the foreign priority
claim and/or benefit claim must be in the application data sheet. Thus, an
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 364 

amendment to the specification will not govern over a foreign priority
claim or benefit claim in an application data sheet.

   Section 1.78: Section 1.78(a)(2)(iii) is proposed to be amended such
that the reference requirement for a benefit claim to a prior-filed
nonprovisional application or international application designating the
United States of America by a later-filed nonprovisional application must
be in an application data sheet or a supplemental application data sheet.

   Sections 1.78(a)(5)(iii) is proposed to be amended such that the
reference requirement for a benefit claim to a prior-filed provisional
application by a later-filed nonprovisional application must be in an
application data sheet or a supplemental application data sheet.

   Providing this information in the application data sheet constitutes the
specific reference required by 35 U.S.C. 119(e) or 120. The patent statute
requires that a claim to the benefit of a provisional (35 U.S.C. 119(e)(1))
or nonprovisional (35 U.S.C. 120) be in the application by specific
reference thereto. Since the application data sheet (if provided) is
considered part of the application, the specific reference to an earlier
filed provisional or nonprovisional application in the application data
sheet meets the "specific reference" requirement of 35 U.S.C. 119(e)(1) or
120.

   Providing this information in a single location will facilitate more
efficient processing of applications, as the Office will only have to look
at one location for the benefit claim and the most recent application data
sheet will govern. Currently, the Office must look at the specification,
amendments to the specification, and the application data sheet if provided
to determine the benefit claim. When applicants provide inconsistent
information between the three sources, the Office must then determine which
benefit claim governs in accordance with the rule.

   Providing this information in a single location will also facilitate
review of patents and patent application publications, because applications
frequently provide a benefit and/or foreign priority claim in the first
sentence(s) of the specification, which is amended by an application data
sheet that includes a different benefit or foreign priority claim, and thus
the benefit claim and/or foreign priority information included in the first
sentence(s) of the specification is different from the benefit claim and/or
foreign priority information contained on the front page of the patent or
patent application publication. While the benefit and/or foreign priority
claim on the front page of the patent or patent application publication is
usually correct, anyone (including an examiner, a practitioner, or the
public) reviewing the patent or patent application publication must review
the file history of the application to verify this to be correct.

   Since most applications are filed with an application data sheet,
requiring benefit and/or foreign priority claims to be included in the
application data sheet will not require most practitioners to change their
practice.

   Section 1.172: Section 1.172 is proposed to be amended in its title to
delete the duplicative reference to assignees, as assignees may be an
applicant in some circumstances for a reissue application. Section 1.172 is
proposed to be reformatted to clarify who may sign, and what documents must
accompany, a reissue oath or declaration. Section 1.172(a) is proposed to
be amended to continue to require that the reissue oath or declaration must
be accompanied by the written consent of all assignees, if any, owning an
undivided interest in the patent. Current subject matter in § 1.172(a)
relating to not enlarging the scope of the claims would be transferred to
paragraph (b) and the assignment information transferred to paragraph (c).
Section 1.172(b) is proposed to be amended to focus on signing of the oath
or declaration and includes paragraph titles to distinguish between who may
sign the reissue oath or declaration for a nonbroadening reissue (proposed
§ 1.172(b)(1)(i) through (b)(1)(iii)) versus a broadening reissue (§
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 365 

1.172(b)(2)(i) and (b)(2)(ii)). Current subject matter in § 1.172(b) would
be moved to proposed § 1.172(d). Section 1.172(b)(2)(ii) is proposed to
authorize the assignee of the entire interest to sign the reissue oath or
declaration for a broadening reissue filed on or after September 16, 2012,
where the application for the original patent was filed by the assignee of
the entire interest (i.e., the oath or declaration was executed by the
assignee under § 1.42 or § 1.47).

   Section 1.172(c) includes the language already present in current §
1.172(a) and clarifies that all assignees, including partial assignees, who
consent to the reissue must establish their ownership in the patent.
Section 1.172(d) repeats the language found in current § 1.172(b).

   Section 1.175: Section 1.175(a) is proposed to be amended to clarify the
requirement that an applicant identify in the reissue oath or declaration
each applicable reason that forms the basis for reissue. The reasons
include: (1) A defective specification or drawing (§ 1.175(a)(1)); (2) the
patentee claiming more than the patentee had a right to claim in the patent
(§ 1.175(a)(2)); and (3) the patentee claiming less than the patentee had
the right to claim in the patent (§ 1.175(a)(3)). Proposed § 1.175(a)(3)
also requires identification of a broadened claim and a broadened portion
of the specification, if a change thereto is the basis for the claim
broadening.

   Section 1.175(a) retains the requirement from current § 1.175(a)(1) that
the reissue oath or declaration identify at least one error that is being
relied upon as the basis for reissue and recites the statutory basis for
reissue, 35 U.S.C. 251. Examples of proper error statements are discussed
in MPEP § 1414, II. The reissue oath or declaration may identify more than
one specific error that forms the basis of the reissue, but at least one
error must be identified.

   Section 1.175(b) is proposed to be amended to clarify that a claim
broadened in any respect must be treated and identified as a broadened
claim. In addition, § 1.175(b) is proposed to be further amended to delete
the requirement for supplemental reissue oaths or declarations in view of
the change to 35 U.S.C. 251 in Section 20 of the Leahy-Smith America
Invents Act (i.e., removal of the "without any deceptive intention"
provision). A claim that is broadened in any respect is a broadened claim
for purposes of 35 U.S.C. 251. See Tillotson, Ltd. v. Walbro Corp., 831
F.2d 1033, 1037 n.2 (Fed. Cir. 1987), In re Ruth, 278 F.2d 729, 730 (CCPA
1960), and In re Rogoff, 261 F.2d 601, 603 (CCPA 1958). The requirement
that a claim broadened in any respect be treated as a broadened claim is
important to distinguish who can sign the reissue oath or declaration. It
also is important because a reissue application that broadens the scope of
the original patent may only be filed within two years from the grant of
the original patent. See MPEP § 1412.03 for the meaning of a "broadened
reissue claim" and examples.

   An application that does not seek to broaden the scope of the original
patent may be filed with a reissue oath or declaration that is executed by
the assignee of the entire right, title, and interest. However, if the
reissue application broadens one or more of the claims in any respect, the
reissue oath or declaration must be executed by the inventors, the legal
representatives of deceased or legally incapacitated inventors, or a § 1.47
applicant for a nonsigning inventor (proposed § 1.172(b)(2)(i)). As
discussed above, the assignee of the entire interest may sign the reissue
oath or declaration for a broadening reissue filed on or after September
16, 2012, where the application for the original patent was filed by the
assignee of the entire interest (proposed § 1.172(b)(2)(ii)), that is, the
oath or declaration was executed by the assignee under §§ 1.42 or 1.47.

   Section 1.175(c) is proposed to be amended to clarify that where all
errors identified in the reissue oath or declaration pursuant to proposed
§ 1.175(a) are no longer being relied upon as the basis for reissue, a
reissue oath or declaration that identifies a new error currently being
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 366 

relied upon as the basis for reissue must be filed. The elimination of
supplemental reissue oaths or declarations in current § 1.175(b) is
directed towards lack of deceptive intent regarding the error being
corrected, and not the statutory requirement of identification of at least
one error. Section 1.175(c) is also proposed to be amended to clarify that
the reissue oath or declaration that identifies the new error currently
being relied upon as the basis for reissue need only address the new error
and need not identify any prior error identified in a reissue oath or
declaration. This requirement is consistent with the discussion in MPEP §
1414.01, I.

   The reissue oath or declaration must identify a proper error that forms
the basis for reissue. If the specified error is no longer being corrected
in the reissue application, then a new error must be identified in the
reissue oath or declaration so that the record is clear in identifying a
proper basis for reissue. The latest reissue oath or declaration need not
identify each specific error that was identified in any earlier reissue
oath or declaration; it must only identify an error that is currently being
relied upon or corrected.

   Section 1.175(e) is proposed to be amended to provide a title to
identify the paragraph's applicability to continuing applications, MPEP
1414, II, and to clarify in the rule the ability to file copies of reissue
oaths or declarations from prior reissue applications in continuing
applications consistent with § 1.63(d). Section 1.175(e) would now consist
of paragraphs (e)(1), (e)(2), (e)(2)(i) and (ii).

   Section 1.175(e)(1) is proposed to provide that where a continuing
reissue application replaces a prior reissue application, the requirement
for a reissue oath or declaration pursuant to § 1.172 may be satisfied by a
copy of the reissue oath or declaration from the prior reissue application
it replaces. The concept of a "prior application," in this paragraph and in
paragraph (e)(2), is intended to be broader than an immediate prior
application but to stay within the bounds of § 1.63(d) and require a prior
application that is within the chain of benefit claim.

   Section 1.175(e)(2) is proposed to provide that where a continuing
reissue application does not replace a prior reissue application, the
requirement for a reissue oath or declaration pursuant to § 1.172 may be
satisfied by a newly executed oath or declaration that identifies at least
one error in the original patent which has not been corrected in a prior
reissue application, § 1.175(e)(2)(i), or how an identified error is
currently being corrected in a manner different than in a prior reissue
application, § 1.175(e)(2)(ii).

   Under current practice, a new oath or declaration is required in a
continuing reissue application notwithstanding that there is no change in
the error being corrected. In certain circumstances, such as set forth in
the following examples, applicants request that they be allowed to use a
copy of the declaration from prior reissue application. Some situations
currently need to be addressed via a petition for waiver under § 1.183 with
a $400 fee, that the Office would grant in appropriate circumstances, such
as set forth in the following example 2. The rule as now proposed
recognizes the unnecessary processing delay and expense engendered by this
practice, which would be rectified by this proposed change.

   Accordingly, a copy of a reissue oath or declaration from a prior
reissue application may be submitted in a continuing reissue application
where the continuing application replaces a prior reissue application.

   Also, a copy of a reissue oath or declaration from a prior reissue
application may be submitted in a continuing application where the
continuing application does not replace a prior application, but only where
the identified error was not corrected and therefore would continue to
apply in the continuing reissue application, or where the identified error
is currently to be corrected in the continuing application in a manner
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 367 

different than in the prior application. However, to do so would also
require a statement to either effect. Otherwise, a reissue oath or
declaration that identifies a new error that is the basis for reissue must
be filed. The following are examples where a copy may be used:

    Example 1: A reissue application is filed with a declaration under §
1.175 that lists more than one error that properly supports reissue. The
declaration can be used to file a continuing reissue application, even if
applicant is no longer attempting to correct some of the originally listed
errors, provided that at least one of the originally listed errors remains
that was not corrected in the prior application. Under the current and
proposed § 1.175, a copy may be used.

   Example 2: A reissue application is filed to amend Claim 4 to limit the
general pump means to a centrifugal pump, and to eliminate the recitation
of a refrigeration means. The reissue oath or declaration must state that
the applicant believes the original patent to be wholly or partly
inoperative or invalid by reason of patentee claiming more than the
patentee had the right to claim in the patent (§ 1.175(a)(2)), and patentee
claiming less than patentee had the right to claim, and identify Claim 4 (§
1.175(a)(3)). An identification that the defect was that the patentee
claimed "more or less" than patentee had a right to claim would not comply
with proposed § 1.175. Moreover, the identification that Claim 4 is being
broadened under proposed § 1.175(a)(3) would not be sufficient to
specifically identify at least one error under proposed § 1.175(a).
Applicant must clearly specify the defect or error in the language that
renders the original patent wholly or partly inoperative or invalid. The
reissue oath or declaration must also provide a specific identification of
one of the errors, e.g., Claim 4 was unduly limited by the inclusion of
"refrigeration means" and is being amended to eliminate this recitation.
Under the current rule, a petition under § 1.183 is required for a copy to
be used. Under proposed § 1.175, a petition is not required for a copy to
be used.

   The reference in current § 1.175(e) to paragraph (a)(1) of § 1.175 would
be deleted as it would be unnecessary in view of the proposed changes.

   Section 1.175(f) is proposed to be added to provide that a reissue oath
or declaration may be filed at any time pursuant to 35 U.S.C. 115(h)(1),
and will be placed in the file record of the reissue application but may
not be reviewed by the Office in view of the open ended time frame that the
statute provides. Oaths or declarations submitted pursuant to 35 U.S.C.
115(h)(1) that are timely submitted during prosecution of an application
would continue to be reviewed for compliance. Proposed § 1.175(f) is
consistent with the language of proposed § 1.63(e).

   Section 1.311: Section 1.311 is proposed to be amended by adding a new
paragraph (c) to implement the requirement of 35 U.S.C. 118 that "[i]f the
Director grants a patent on an application filed under [35 U.S.C. 118] by a
person other than the inventor, the patent shall be granted to the real
party in interest and upon such notice to the inventor as the Director
considers to be sufficient." Proposed § 1.311(c) provides that where an
assignee, person to whom the inventor is under an obligation to assign the
invention, or person who otherwise shows sufficient proprietary interest in
the matter has filed an application under §§ 1.42, or 1.47, the applicant
must notify the Office of any change in ownership of the application no
later than payment of the issue fee. The Office will treat the absence of
such a notice as an indication that there has been no change in ownership
of the application. Proposed § 1.311(c) does not cover assignees or persons
who otherwise show sufficient proprietary interest, unless the application
is filed pursuant to §§ 1.42 or 1.47.

   Section 3.81 currently provides that an "application may issue in the
name of the assignee" "where a request for such issuance is submitted with
payment of the issue fee." This is accomplished by providing the assignee
information in box 3 of the issue fee transmittal form, form 85B. The use
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 368 

of box 3 would be required where ownership of the application changed from
the filing of the application and the application was filed pursuant to §§
1.42 or 1.47.

   Section 1.497: Section 1.497 is proposed to be amended to be consistent
with the amendments to 35 U.S.C. 115 and the proposed amendments to § 1.63.
Under the current provisions of § 1.497, while an oath or declaration in a
national stage application under 35 U.S.C. 371 must comply with the
requirements of § 1.63, it will be accepted as sufficient for purposes of
entering the U.S. national stage if certain minimum requirements are met.
See § 1.497(c). The proposed amendment to § 1.497(a) through (c) maintains
this practice. The reference to § 1.43 in current § 1.497(b)(1) and
(2) would be deleted from the subject matter now found in the proposed §
1.497(b)(6).

   Current § 1.497(d) through (e) are proposed to be deleted. A simplified
procedure for correcting inventorship in a national stage application is
proposed to be added to § 1.48, as new subsection § 1.48(k), since § 1.48
covers correction of inventorship in patent applications (other than
reissue). The corrective procedure has been simplified in light of the
amendment to 35 U.S.C. 116 eliminating the requirement that the error in
inventorship "arose without any deceptive intent" on the part of the
inventor being removed or added. Current § 1.497(f) is proposed to be
deleted because of the amendment to 35 U.S.C. 115. Current § 1.497(g) is
proposed to be deleted in view of the proposed amendment to § 1.63
eliminating foreign priority claims from the oath or declaration.

   Section 3.31: Section 3.31 is proposed to be amended by the addition of
new paragraph (h) that would implement 35 U.S.C. 115(e) permitting use of
an assignment in lieu of an oath or declaration to meet the oath or
declaration requirements of § 1.63. Section 3.31(h) is proposed to provide
that an assignment cover sheet must contain a conspicuous indication of an
intent to utilize the assignment as the required oath or declaration under
§ 1.63. For the importance of complying with this provision, see the
discussion of § 1.63(c).

   Section 3.71: Section 3.71(a) is proposed to be amended to be consistent
with proposed § 1.33, which limits prosecution by juristic entities. The
rule is also proposed to be amended to make it clear that conflicts between
purported assignees are handled in accordance with § 3.73(c)(4).

   Section 3.73: Section 3.73(b) is proposed to be amended to clarify who
may sign a statement under § 3.73(b) in new paragraph (b)(2)(iii). Under §
3.73(b), an assignee must establish its ownership of an application to the
satisfaction of the Director in order to request or take action in a patent
or trademark matter. Current § 3.73(b)(2) specifies that the submission
establishing ownership must either include a statement that the person
signing the submission is authorized to act on behalf of the assignee (§
3.73(b)(2)(i)) or be signed by a person who has apparent authority to sign
on behalf of the assignee (§ 3.73(b)(2)(ii)).

   Section 3.73(b)(2)(iii) is proposed to provide that a patent
practitioner of record pursuant to § 1.32 could sign a statement under §
3.73(b). A patent practitioner can be considered "of record" for purposes
of this section where the statement under § 3.73(b) is accompanied by a
power of attorney that appoints the practitioner (see 37 CFR 3.73(b)(1)).
Currently, a power of attorney to a patent practitioner to prosecute a
patent application executed by the applicant or assignee of the entire
interest does not make that practitioner an official of the assignee or
empower the practitioner to sign the submission on behalf of the assignee.
MPEP § 324, V. Patent practitioners who signed statements under § 3.73(b)
merely on the basis of having been appointed in a power of attorney
document have done so improperly.

   Section 3.73(b)(3) is proposed to clarify that any subsequent statement
under § 3.73(b) must provide a complete chain of title. Current §
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 369 

3.73(b)(1)(i) requires documentary evidence of a chain of title. The
submission of a subsequent statement under § 3.73(b) that only identifies
the latest "link" in the ownership chain would be incomplete and deemed
insufficient to establish ownership of the application.

   Section 3.73(c)(2) is proposed to be amended to better clarify how to
identify to the Office the entire ownership interest. When establishing
ownership of the application under § 3.73(b), one needs to be cognizant of
the distinction between 100 percent ownership of the right, title, and
interest in the invention from a single inventor and 100 percent ownership
of the entire right, title, and interest in the invention from all of the
inventors. This provision is applicable such as when one assignee owns 100
percent interest from one inventor and another assignee owns 100 percent
interest from a different inventor. To comply with the requirement that the
entire right, title, and interest be identified, both assignees would need
to set forth their ownership interest by percentage (100 percent of the
entire right, title, and interest) § 3.73(c)(2)(i), or both assignees would
need to provide a statement that all parties owning an interest (without
identification of percentage) have been identified, § 3.73(c)(2)(ii). Where
a sole inventor assigns all rights to companies A and B, but the assignment
does not specify percentages of ownership, the statement under § 3.73(b)
would need to identify that companies A and B together own 100 percent of
the entire right, title, and interest without specific individual
percentages for company  A and company B. Otherwise, the Office may refuse
to accept the submission as an establishment of ownership.

   Section 3.73(c)(3) is proposed to provide that, for a statement under §
3.73(b) from the prior application to have effect in a continuation or
divisional application, or a continuation-in-part application with the same
inventors or fewer, a copy of the statement under paragraph (b) of this
section from the prior application for which benefit is claimed under 35
U.S.C. 120, 121, or 365(c), must be filed in the continuing application.

   Section 3.73(c)(4) is proposed to be added to provide that, where two or
more purported assignees file conflicting statements under paragraph (b) of
this section, the Director will determine which, if any, purported assignee
will be permitted to control prosecution of the application. As proposed, §
3.73(c)(4) provides in the rule the Office's practice for treating two or
more conflicting statements under § 3.73(b), currently discussed in MPEP §
324, IX.

   Sections 1.51, 1.53, 1.57, 1.78, 41.37, 41.67, and 41.110 are proposed
to be amended to substitute references to 35 U.S.C. 112(a), (b), and (f),
for the current references to 35 U.S.C. 112, first, second, and sixth
paragraphs. Sections 1.45 and 1.48 are proposed to be amended to reflect
the change regarding 35 U.S.C. 116. Section 1.173 is proposed to be amended
to reflect the change regarding 35 U.S.C. 251. Sections 1.48, 1.324, 1.530,
and 5.25 are proposed to be amended to delete the provisions pertaining to
a lack of deceptive intent. Sections 1.41, 1.46, 1.64, 1.76, 1.131, and
1.162 are proposed to be amended to delete the references to § 1.43.
Section 1.76 is proposed to be amended to delete the reference to an
inventor's citizenship to reflect the change regarding 35 U.S.C. 115.

Rulemaking Considerations

   A. Administrative Procedure Act: The primary changes proposed in this
notice implement the inventor's oath or declaration provisions of the
Leahy-Smith America Invents Act. This notice proposes changes to the rules
of practice that concern the process for applying for a patent, namely, the
statements required in the oath or declaration required by 35 U.S.C. 115
for a patent application (including the oath or declaration for a reissue
application), the manner of presenting claims for priority to or the
benefit of prior-filed applications under 35 U.S.C. 119, 120, 121, or 365,
and the procedures for prosecution of an application by an assignee. The
changes being proposed in this notice do not change the substantive
criteria of patentability. These proposed changes involve rules of agency
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 370 

practice and procedure, and/or interpretive rules. See Bachow Commuc'ns.,
Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (rules governing an
application process are procedural under the Administrative Procedure Act);
Inova Alexandria Hosp. v. Shalala, 244 F.3d 242, 350 (4th Cir. 2001) (rules
for handling appeals were procedural where they did not change the
substantive standard for reviewing claims); Nat'l Org. of Veterans'
Advocates v. Sec'y of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir.
2001) (rule that clarifies interpretation of a statute is interpretive).

   Accordingly, prior notice and opportunity for public comment are not
required pursuant to 5 U.S.C. 553(b) or (c) (or any other law) and
thirty-day advance publication is not required pursuant to 5 U.S.C. 553(d)
(or any other law). See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37
(Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B),
does not require notice and comment rulemaking for "interpretative rules,
general statements of policy, or rules of agency organization, procedure,
or practice.") (quoting 5 U.S.C. 553(b)(A)). The Office, however, is
publishing these changes for comment as it seeks the benefit of the
public's views on the Office's proposed implementation of these provisions
of the Leahy-Smith America Invents Act.

   B. Regulatory Flexibility Act: As prior notice and an opportunity for
public comment are not required pursuant to 5 U.S.C. 553 or any other law,
neither a regulatory flexibility analysis nor a certification under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is required. See 5 U.S.C.
603.

   In addition, for the reasons set forth herein, the Deputy General
Counsel for General Law of the United States Patent and Trademark Office
has certified to the Chief Counsel for Advocacy of the Small Business
Administration that changes proposed in this notice will not have a
significant economic impact on a substantial number of small entities. See
5 U.S.C. 605(b). This notice proposes changes to the rules of practice to
implement sections 4 and 20 of the Leahy-Smith America Invents Act, which
provides changes to the inventor's oath or declaration. The primary impact
of the changes in this notice is the streamlining of the requirements for
oaths and declarations and the simplification of the filing of an
application by the assignee when an inventor cannot or will not execute the
oath or declaration. The burden to all entities, including small entities,
imposed by these rules is a minor addition to that of the current
regulations concerning the inventor's oath or declaration. The change to
the manner of presenting claims for priority to or the benefit of
prior-filed applications under 35 U.S.C. 119, 120, 121, or 365 will not
have a significant economic impact on a substantial number of small
entities as an application data sheet is easy to prepare and use, and the
majority of patent applicants already submit an application data sheet with
the patent application. The change to reissue oath or declaration will not
have a significant economic impact on a substantial number of small
entities as reissue is sought by the patentee for fewer than 1,200 of the
1.2 million patents in force each year, and a reissue applicant already
needs to know whether claims are being broadened to comply with the
requirements of 35 U.S.C. 251. The change to the procedures for prosecution
of an application by an assignee will not have a significant economic
impact on a substantial number of small entities as it is rare for a
juristic entity to attempt to prosecute a patent application pro se.
Therefore, the changes proposed in this notice will not have a significant
economic impact on a substantial number of small entities.

   C. Executive Order 12866 (Regulatory Planning and Review): This
rulemaking has been determined to be not significant for purposes of
Executive Order 12866 (Sept. 30, 1993).

   D. Executive Order 13563 (Improving Regulation and Regulatory Review):
The Office has complied with Executive Order 13563. Specifically, the
Office has, to the extent feasible and applicable: (1) Made a reasoned
determination that the benefits justify the costs of the rule; (2) tailored
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 371 

the rule to impose the least burden on society consistent with obtaining
the regulatory objectives; (3) selected a regulatory approach that
maximizes net benefits; (4) specified performance objectives; (5)
identified and assessed available alternatives; (6) involved the public in
an open exchange of information and perspectives among experts in relevant
disciplines, affected stakeholders in the private sector and the public as
a whole, and provided on-line access to the rulemaking docket; (7)
attempted to promote coordination, simplification, and harmonization across
government agencies and identified goals designed to promote innovation;
(8) considered approaches that reduce burdens and maintain flexibility and
freedom of choice for the public; and (9) ensured the objectivity of
scientific and technological information and processes.

   E. Executive Order 13132 (Federalism): This rulemaking does not contain
policies with federalism implications sufficient to warrant preparation of
a Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).

   F. Executive Order 13175 (Tribal Consultation): This rulemaking will
not: (1) Have substantial direct effects on one or more Indian tribes; (2)
impose substantial direct compliance costs on Indian tribal governments; or
(3) preempt tribal law. Therefore, a tribal summary impact statement is not
required under Executive Order 13175 (Nov. 6,
2000).

   G. Executive Order 13211 (Energy Effects): This rulemaking is not a
significant energy action under Executive Order 13211 because this
rulemaking is not likely to have a significant adverse effect on the
supply, distribution, or use of energy. Therefore, a Statement of Energy
Effects is not required under Executive Order 13211 (May 18, 2001).

   H. Executive Order 12988 (Civil Justice Reform): This rulemaking meets
applicable standards to minimize litigation, eliminate ambiguity, and
reduce burden as set forth in sections 3(a) and 3(b)(2) of Executive Order
12988 (Feb. 5, 1996).

   I. Executive Order 13045 (Protection of Children): This rulemaking does
not concern an environmental risk to health or safety that may
disproportionately affect children under Executive Order 13045 (Apr. 21,
1997).

   J. Executive Order 12630 (Taking of Private Property): This rulemaking
will not effect a taking of private property or otherwise have taking
implications under Executive Order 12630 (Mar. 15, 1988).

   K. Congressional Review Act: Under the Congressional Review Act
provisions of the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the United
States Patent and Trademark Office will submit a report containing the
final rule and other required information to the United States Senate, the
United States House of Representatives, and the Comptroller General of the
Government Accountability Office. The changes in this notice are not
expected to result in an annual effect on the economy of 100 million
dollars or more, a major increase in costs or prices, or significant
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based enterprises to compete
with foreign-based enterprises in domestic and export markets. Therefore,
this notice is not expected to result in a "major rule" as defined in 5
U.S.C. 804(2).

   L. Unfunded Mandates Reform Act of 1995: The changes proposed in this
notice do not involve a Federal intergovernmental mandate that will result
in the expenditure by State, local, and tribal governments, in the
aggregate, of 100 million dollars (as adjusted) or more in any one year, or
a Federal private sector mandate that will result in the expenditure by the
private sector of 100 million dollars (as adjusted) or more in any one
year, and will not significantly or uniquely affect small governments.
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 372 

Therefore, no actions are necessary under the provisions of the Unfunded
Mandates Reform Act of 1995. See 2 U.S.C. 1501 et seq.

   M. National Environmental Policy Act: This rulemaking will not have any
effect on the quality of environment and is thus categorically excluded
from review under the National Environmental Policy Act of 1969. See 42
U.S.C. 4321 et seq.

   N. National Technology Transfer and Advancement Act: The requirements of
section 12(d) of the National Technology Transfer and Advancement Act of
1995 (15 U.S.C. 272 note) are not applicable because this rulemaking does
not contain provisions which involve the use of technical standards.

   O. Paperwork Reduction Act: This rulemaking involves information
collection requirements which are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The collection of information involved in this
rulemaking has been reviewed and previously approved by OMB under OMB
Control Numbers 0651-0032 and 0651-0035. The primary impact of the changes
in this notice is the streamlining of the requirements for oaths and
declarations and the simplification of the filing of an application by the
assignee when an inventor cannot or will not execute the oath or
declaration. The Office is not resubmitting an information collection
package to OMB for its review and approval, because the changes in this
rulemaking do not change patent fees or change the information collection
requirements (the estimated number of respondents, time per response, total
annual respondent burden hours, or total annual respondent cost burden)
associated with the information collections approved under OMB Control
Numbers 0651-0032 and 0651-0035.

   Notwithstanding any other provision of law, no person is required to
respond to, nor shall a person be subject to a penalty for failure to
comply with, a collection of information subject to the requirements of the
Paperwork Reduction Act, unless that collection of information displays a
currently valid OMB control number.

List of Subjects

37 CFR Part 1

   Administrative practice and procedure, Inventions and patents, Reporting
and recordkeeping requirements, Small businesses.

37 CFR Part 3

   Administrative practice and procedure, Patents, Trademarks.

   For the reasons set forth in the preamble, 37 CFR parts 1 and 3 are
proposed to be amended as follows:

PART 1--RULES OF PRACTICE IN PATENT CASES

   1. The authority citation for 37 CFR part 1 continues to read as
follows:

   Authority: 35 U.S.C. 2(b)(2).

   2. Section 1.1 is amended by revising paragraph (e) to read as follows:

§ 1.1  Addresses for non-trademark correspondence with the United States
Patent and Trademark Office.

* * * * *

   (e) Patent term extension. All applications for extension of patent term
under 35 U.S.C. 156 and any communications relating thereto intended for
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 373 

the United States Patent and Trademark Office should be additionally marked
"Mail Stop Hatch-Waxman PTE." When appropriate, the communication should
also be marked to the attention of a particular individual, such as where a
decision has been rendered.

* * * * *

   3. Section 1.4 is amended by revising paragraph (e) to read as follows:


§ 1.4  Nature of correspondence and signature requirements.

* * * * *

   (e) Correspondence requiring a person's signature and relating to
payment by credit card in patent cases or registration to practice before
the Patent and Trademark Office in patent cases, enrollment and
disciplinary investigations, or disciplinary proceedings must be submitted
with an original handwritten signature personally signed in permanent dark
ink or its equivalent by that person.

* * * * *

   4. Section 1.31 is revised to read as follows:

§ 1.31  Applicant may be represented by one or more patent
practitioners or joint inventors.

   (a) An applicant for patent may file and prosecute his or her own case,
or he or she may give a power of attorney to be represented by one or more
patent practitioners or joint inventors, except that a juristic entity must
be represented by a patent practitioner. Prosecution by a juristic entity
is governed by § 3.71(a), and the taking of action by any assignee is
governed by § 3.73.

   (b) The United States Patent and Trademark Office cannot aid in the
selection of a patent practitioner.

   5. Section 1.32 is amended by adding new paragraphs (d) and (e) to read
as follows:

§ 1.32  Power of attorney.

* * * * *

   (d) A power of attorney from a prior application for which benefit is
claimed under 35 U.S.C. 120, 121, or 365(c) in a continuing application may
have effect in the continuing application if the inventorship of the
continuing application is the same as the prior application or one or more
inventors from the prior application have been deleted in the continuing
application, and if a copy of the power of attorney from the prior
application is filed in the continuing application.

   (e) If a power of attorney has been granted by all of the inventors and
not an assignee, the addition of an inventor pursuant to § 1.48 results in
the loss of that power of attorney upon grant of the § 1.48 request, unless
the added inventor provides a power of attorney consistent with the power
of attorney provided by the other inventors. This provision does not
preclude a practitioner from acting pursuant to § 1.34, if applicable.

   6. Section 1.33 is amended by removing and reserving paragraph (b)(3),
revising the introductory text of paragraph (a), and adding new paragraphs
(f), (g), and (h) to read as follows:

§ 1.33  Correspondence respecting patent applications, reexamination
proceedings, and other proceedings.
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 374 


   (a) Correspondence address and daytime telephone number. When filing an
application, a correspondence address must be set forth in either an
application data sheet (§ 1.76), or elsewhere, in a clearly identifiable
manner, in any paper submitted with an application filing. If no
correspondence address is specified, the Office may treat the mailing
address of the first named inventor (if provided, see §§ 1.76 (b)(1) and
1.63 (c)(2)) as the correspondence address. The Office will direct, or
otherwise make available, all notices, official letters, and other
communications relating to the application to the person associated with
the correspondence address. For correspondence submitted via the Office's
electronic filing system, however, an electronic acknowledgment receipt
will be sent to the submitter. The Office will generally not engage in
double correspondence with an applicant and a patent practitioner, or with
more than one patent practitioner, except as deemed necessary by the
Director. If more than one correspondence address is specified in a single
paper or in multiple papers submitted on one day, the Office will select
one of the specified addresses for use as the correspondence address and,
if given, may select the address associated with a Customer Number over a
typed correspondence address. For the party to whom correspondence is to be
addressed, a daytime telephone number should be supplied in a clearly
identifiable manner and may be changed by any party who is authorized to
change the correspondence address. The correspondence address may be
changed as follows:

* * * * *

   (b) * * *

   (3) [Reserved]

* * * * *

   (f) An assignee may only conduct prosecution of an application in
accordance with §§ 1.31 and 3.71 of this chapter. Unless otherwise
specified, all papers submitted on behalf of a juristic entity must be
signed by a patent practitioner.

   (g) Where application papers from a prior application are used in a
continuing application and the correspondence address was changed during
the prosecution of the prior application, an application data sheet or
separate paper identifying the updated correspondence address to be used
for the continuing application must be submitted. Otherwise, the Office may
not recognize the change of correspondence address effected during the
prosecution of the prior application.

   (h) A patent practitioner acting in a representative capacity whose
correspondence address is the correspondence address of record in an
application may change the correspondence address after the patent has
issued, provided that the change of correspondence address is accompanied
by a statement that notice has been given to the patentee or owner.

   7. Section 1.41 is amended by revising paragraphs (a)(3), (a)(4) and (c)
to read as follows:

§ 1.41  Applicant for patent.

   (a) * * *

   (3) In a nonprovisional application filed without an oath or declaration
as prescribed by § 1.63 or in a provisional application filed without a
cover sheet as prescribed by § 1.51(c)(1), the name and residence of each
person believed to be an actual inventor should be provided when the
application papers pursuant to § 1.53(b) or § 1.53(c) are filed.

   (4) The inventorship of an international application entering the
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 375 

national stage under 35 U.S.C. 371 is that inventorship set forth in the
first submission of an executed declaration under PCT Rule 4.17(iv) or oath
or declaration under § 1.497, except as provided in § 1.63(d). If neither
an executed declaration under PCT Rule 4.17(iv) nor executed oath or
declaration under § 1.497 is filed during the pendency of the national
stage application, the inventorship is that inventorship set forth in the
international application, which includes any change effected under PCT
Rule 92bis.

* * * * *

   (c) Any person authorized by the applicant may physically or
electronically deliver an application for patent and related
correspondence, including fees, to the Office on behalf of the inventor or
inventors and provide a correspondence address pursuant to § 1.33(a), but
an oath or declaration (§ 1.63) can only be made in accordance with § 1.64
and amendments and other papers must be signed in accordance with §
1.33(b).

* * * * *

   8. Section 1.42 is revised to read as follows:

§ 1.42  When the inventor is deceased or legally incapacitated.

   (a) In the case of the death or legal incapacity of the inventor, the
legal representative (e.g., executor, administrator, guardian, or
conservator) of the deceased or incapacitated inventor, the assignee, or a
party to whom the inventor is under an obligation to assign the invention
or party who otherwise shows sufficient proprietary interest in the matter
may execute the oath or declaration under § 1.63, provided that the oath or
declaration complies with the requirements of § 1.63(a) and (b) and
identifies the inventor who is deceased or legally incapacitated. A party
who shows sufficient proprietary interest in the matter executes the oath
or declaration on behalf of the deceased or incapacitated inventor.

   (b) A party to whom the inventor is under an obligation to assign the
invention or a party who otherwise has sufficient proprietary interest in
the matter taking action under this section must do so by way of a petition
that is accompanied by the fee set forth in § 1.17(g) and a showing,
including proof of pertinent facts, either that:

   (1) The deceased or incapacitated inventor is under an obligation to
assign the invention to the party; or

   (2) The party has sufficient proprietary interest in the matter to
execute the oath or declaration pursuant to § 1.63 on behalf of the
deceased or incapacitated inventor and that such action is necessary to
preserve the rights of the parties.

   (c) If the inventor dies during the time intervening between the filing
of the application and the granting of a patent thereon, the letters patent
may be issued to the legal representative or assignee upon proper
intervention pursuant to this section.

   9. Section 1.43 is removed and reserved.

§ 1.43  [Reserved]

   10. Section 1.47 is revised to read as follows:

§ 1.47  When an inventor refuses to sign or cannot be reached.

   (a) If an inventor or legal representative thereof (§ 1.42) refuses to
execute the oath or declaration under § 1.63, or cannot be found or reached
after diligent effort, the assignee of the nonsigning inventor, a party to
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 376 

whom the inventor is obligated to assign the invention, or a party who
otherwise shows sufficient proprietary interest in the matter may execute
the oath or declaration under § 1.63. A party who shows sufficient
proprietary interest in the matter executes the oath or declaration on
behalf of the nonsigning inventor.

   (b) If a joint inventor or legal representative thereof (§ 1.42) refuses
to execute the oath or declaration under § 1.63 or cannot be found or
reached after diligent effort, the remaining inventor(s) may execute the
oath or declaration under § 1.63 on behalf of himself or herself and the
nonsigning inventor.

   (c) Any oath or declaration executed pursuant to this section must
comply with the requirements of § 1.63(a) and (b) and be accompanied by a
petition that:

   (1) Includes the fee set forth in § 1.17(g);

   (2) Identifies the nonsigning inventor, and includes the last known
address of the nonsigning inventor;

   (3) States either the inventor or legal representative cannot be reached
after a diligent effort was made, or has refused to execute the oath or
declaration under § 1.63 when presented with a copy of the application
papers, with proof of the pertinent facts; and

   (4) For a party to whom the nonsigning inventor is under an obligation
to assign the invention, or has sufficient proprietary interest in the
matter acting under paragraph (a) of this section, a showing, including
proof of pertinent facts, either that:

   (i) The nonsigning inventor is under an obligation to assign the
invention to the party; or

   (ii) The party has sufficient proprietary interest in the matter to
execute the oath or declaration pursuant to § 1.63 on behalf of the
nonsigning inventor and that such action is necessary to preserve the
rights of the parties.

   (d) The Office will publish notice of the filing of the application in
the Official Gazette, and may send notice of filing of the application to
the nonsigning inventor at the address(es) provided in the petition under
this section. The Office may dispense with this notice provision in a
continuing application, if notice regarding the filing of the prior
application was given to the nonsigning inventor(s).

   (e) A nonsigning inventor or legal representative may subsequently join
in the application by submitting an oath or declaration under § 1.63. The
submission of an oath or declaration by a nonsigning inventor or legal
representative after the grant of a petition under this section will not
permit the nonsigning inventor or legal representative to revoke or grant a
power of attorney.

   11. Section 1.48 is amended by revising the section heading and adding
new paragraph (k) to read as follows:

§ 1.48  Correction of inventorship in a patent application, other than a
reissue application.

* * * * *

   (k) National stage application under 35 U.S.C. 371. The procedure set
forth in paragraph (a) of this section for correcting an error in
inventorship is also applicable to international applications entering the
national stage under 35 U.S.C. 371 prior to becoming nonprovisional
applications (§ 1.9(a)(3)), and to correct an error in the inventive entity
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 377 

set forth in an executed declaration submitted under PCT Rule 4.17(iv).

   12. Section 1.53 is amended by revising paragraph (f)(4) to read as
follows:

§ 1.53  Application number, filing date, and completion of application.

* * * * *

   (f) * * *

   (4) This paragraph applies to continuation or divisional applications
under paragraphs (b) or (d) of this section and to continuation-in-part
applications under paragraph (b) of this section. See § 1.63(d) concerning
the submission of a copy of the oath or declaration from the prior
application for a continuing application under paragraph (b) of this
section.

* * * * *

   13. Section 1.55 is amended by revising the introductory text of
paragraph (a)(1)(i), the introductory text of paragraph (c), and paragraph
(d)(1)(ii) to read as follows:

§ 1.55  Claim for foreign priority.

   (a) * * *

   (1)(i) In an original application filed under 35 U.S.C. 111(a), the
claim for priority must be presented in an application data sheet (§
1.76(b)(6)) or a supplemental application data sheet (§ 1.76(c)) during the
pendency of the application, and within the later of four months from the
actual filing date of the application or sixteen months from the filing
date of the prior foreign application. This time period is not extendable.
The claim must identify the foreign application for which priority is
claimed, as well as any foreign application for the same subject matter and
having a filing date before that of the application for which priority is
claimed, by specifying the application number, country (or intellectual
property authority), day, month, and year of its filing. The time periods
in this paragraph do not apply in an application under 35 U.S.C. 111(a) if
the application is:

* * * * *

   (c) Unless such claim is accepted in accordance with the provisions of
this paragraph, any claim for priority under 35 U.S.C. 119(a)-(d) or 365(a)
not presented in an application data sheet (§ 1.76(b)(6)) or a supplemental
application data sheet (§ 1.76(c)) within the time period provided by
paragraph (a) of this section is considered to have been waived. If a claim
for priority under 35 U.S.C. 119(a)-(d) or 365(a) is presented after the
time period provided by paragraph (a) of this section, the claim may be
accepted if the claim identifying the prior foreign application by
specifying its application number, country (or intellectual property
authority), and the day, month, and year of its filing was unintentionally
delayed. A petition to accept a delayed claim for priority under 35 U.S.C.
119(a)-(d) or 365(a) must be accompanied by:

* * * * *

   (d)(1) * * *

   (ii) The foreign application is identified in an application data sheet
(§ 1.76(b)(6)) or a supplemental application data sheet (§ 1.76(c)); and

* * * * *

 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 378 

   14. Section 1.63 is revised to read as follows:

§ 1.63  Oath or declaration.

   (a) A nonprovisional application for patent filed under 35 U.S.C. 111(a)
or which entered the national stage under 35 U.S.C. 371 shall include, or
be amended to include, an oath or declaration. The oath or declaration
under this section must:

   (1) Be executed (i.e., signed) in accordance with either § 1.66 or §
1.68;

   (2) Identify each inventor by his or her full name without any
abbreviation (except for a middle initial);

   (3) Identify the application to which it is directed;

   (4) Include a statement that the person executing the oath or
declaration believes the named inventor or joint inventors to be the
original inventor or original joint inventors of the claimed invention in
the application for which the oath or declaration is being submitted;

   (5) State that the application was made or was authorized to be made by
the inventor;

   (6) State that the person making the oath or declaration has reviewed
and understands the contents of the application for which the oath or
declaration is being submitted, including the claims, as amended by any
amendment specifically referred to in the oath or declaration; and

   (7) State that the person making the oath or declaration acknowledges
the duty to disclose to the Office all information known to the person to
be material to patentability as defined in § 1.56.

   (b) Unless such information is supplied on an application data sheet in
accordance with § 1.76, the oath or declaration must also identify for each
inventor a mailing address where the inventor customarily receives mail,
and residence, if the inventor lives at a location different from the
mailing address.

   (c)(1) An assignment may also include the oath or declaration required
by this section if:

   (i) The assignment contains the information and statements required
under paragraphs (a) and (b) of this section; and

   (ii) A copy of the assignment is filed in the application and recorded
as provided for in part 3 of this chapter.

   (2) Any reference to an oath or declaration under § 1.63 includes an
assignment as provided for in this paragraph.

   (d)(1) A newly executed inventor oath or declaration under § 1.63 is not
required under § 1.51(b)(2) and § 1.53(f) or § 1.497(a) in an application
that claims the benefit under 35 U.S.C. 120, 121, or 365(c) in compliance
with § 1.78 of an earlier-filed application, provided that:

   (i) An executed oath or declaration in compliance with this section was
filed in the earlier-filed application;

   (ii) A copy of such oath or declaration, showing the signature or an
indication thereon that it was executed, is submitted in the continuing
application; and

   (iii) Any new inventors named in the continuing application provide an
executed oath or declaration in compliance with this section.
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 379 


   (2) If applicable, the copy of the executed oath or declaration
submitted under this paragraph must be accompanied by a statement signed
pursuant to § 1.33(b) requesting the deletion of the name or names of the
person or persons who are not inventors in the continuing application.

   (3) If the earlier-filed application has been accorded status via a
petition under § 1.42 or § 1.47, the copy of the executed oath or
declaration must be accompanied by a copy of the decision granting
the petition in the earlier-filed application, unless all inventors or
legal representatives subsequently joined in the earlier-filed application.
If one or more nonsigning inventor(s) or legal representative(s)
subsequently joined in the earlier-filed application, the copy of the
executed oath or declaration must be accompanied by a copy of the executed
oath or declaration filed by the inventor or legal representative to join
in the application.

   (e) An oath or declaration filed at any time pursuant to 35 U.S.C.
115(h)(1) will be placed in the file record of the application or patent,
but may not be reviewed by the Office. Any request for correction of the
named inventorship must comply with § 1.48 in an application and § 1.324 in
a patent.

   15. Section 1.64 is amended by revising paragraph (b) to read as
follows:

§ 1.64  Person making oath or declaration.

* * * * *

   (b) If the person making the oath or declaration or any supplemental
oath or declaration is not the inventor (§§ 1.42, 1.47, or 1.67), the oath
or declaration shall state the relationship of the person to the inventor,
and, upon information and belief, the facts which the inventor is required
to state. If the person signing the oath or declaration is the legal
representative of a deceased or legally incapacitated inventor, the oath or
declaration shall also state that the person is a legal representative and,
unless such information is supplied on an application data sheet in
accordance with § 1.76, the residence and mailing address of the legal
representative.

   16. Section 1.67 is revised to read as follows:

§ 1.67  Noncompliant oath or declaration.

   (a) Where an oath or declaration does not comply with a requirement of
35 U.S.C. 115, or a requirement of § 1.63 or 1.162, the Office may require,
or the inventors and applicants may submit, an oath or declaration meeting
the requirements of § 1.63 or § 1.162 to correct any deficiencies or
inaccuracies present in the earlier-filed oath or declaration.

   (1) Deficiencies or inaccuracies relating to all the inventors or
applicants (§ 1.42 or § 1.47) may be corrected with an oath or declaration
in compliance with 35 U.S.C. 115 and § 1.63 or 1.162 signed by all the
inventors or applicants.

   (2) Deficiencies or inaccuracies relating to fewer than all of the
inventor(s) or applicant(s) (§ 1.42 or § 1.47) may be corrected with an
oath or declaration in compliance with 35 U.S.C. 115 and § 1.63 or 1.162
identifying the entire inventive entity but signed only by the inventor(s)
or applicant(s) to whom the error or deficiency relates.

   (3) Deficiencies or inaccuracies due to the failure to meet the
requirements of § 1.63(b) in an oath or declaration may be corrected with a
supplemental application data sheet in accordance with § 1.76.

 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 380 

   (b) No new matter may be introduced into a nonprovisional application
after its filing date, even if an oath or declaration is filed to correct
deficiencies or inaccuracies present in the earlier-filed oath or
declaration.

   17. Section 1.76 is amended by revising paragraphs (a), (c), and (d)(1)
to read as follows:

§ 1.76  Application data sheet.

   (a) Application data sheet: An application data sheet is a sheet or
sheets, that may be submitted in a provisional application, a
nonprovisional application, or an international application entering the
national stage under 35 U.S.C. 371, and must be submitted to claim priority
to or the benefit of a prior-filed application under 35 U.S.C. 119, 120,
121, or 365. An application data sheet contains bibliographic data,
arranged in a format specified by the Office. An application data sheet
must be titled "Application Data Sheet" and must contain all of the section
headings listed in paragraph (b) of this section, with any appropriate data
for each section heading. If an application data sheet is provided, the
application data sheet is part of the provisional or nonprovisional
application for which it has been submitted.

* * * * *

   (c) Supplemental application data sheets. Supplemental application
data sheets:

   (1) May be supplied only after filing of the application, regardless of
whether an application data sheet under paragraph (a) of this section was
submitted on filing, and until payment of the issue fee, either to correct
or update information in a previously submitted application data sheet, or
an oath or declaration under § 1.63 or § 1.67, except that inventorship
changes are governed by § 1.48, and correspondence changes are governed by
§ 1.33(a); and

   (2) Must be titled "Supplemental Application Data Sheet," include all of
the section headings listed in paragraph (b) of this section, include all
appropriate data for each section heading, be signed in accordance with §
1.33(b), and identify the information that is being changed, with
underlining for insertions of text, and strike-through or brackets for
deletions of text.

   (d) * * *

   (1) The most recent submission will govern with respect to
inconsistencies as between the information provided in an application data
sheet, an amendment to the specification, a designation of a correspondence
address, or by a § 1.63 or § 1.67 oath or declaration, except that the most
recent oath or declaration (§ 1.63 or § 1.67) will govern with respect to
the naming of inventors (§ 1.41(a)(1)), and that the most recent
application data sheet will govern with respect to foreign priority
(§ 1.55) or domestic benefit (§ 1.78) claims;

* * * * *

   18. Section 1.78 is amended by revising paragraphs (a)(2)(iii) and
(a)(5)(iii) to read as follows:


§ 1.78  Claiming benefit of earlier filing date and cross-references to
other applications.

(a) * * *

   (2) * * *
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 381 


   (iii) If the later-filed application is a nonprovisional application,
the reference required by this paragraph must be included in an application
data sheet (§ 1.76(b)(5)) or a supplemental application data sheet (§
1.76(c)).

* * * * *

   (5) * * *

   (iii) If the later-filed application is a nonprovisional application,
the reference required by this paragraph must be included in an application
data sheet (§ 1.76(b)(5)) or a supplemental application data sheet (§
1.76(c)).

* * * * *

   19. Section 1.172 is revised to read as follows:


§ 1.172  Applicants.

   (a) A reissue applicant must submit an oath or declaration accompanied
by the written consent of all assignees, if any, owning an undivided
interest in the patent.

   (b) Oath or declaration:

   (1) Nonbroadening reissues: If the application does not seek to
enlarge the scope of the claims of the original patent, the oath or
declaration must be signed by:

   (i) The inventor or inventors, including the legal representatives of
deceased or legally incapacitated inventors or a § 1.47 applicant for a
nonsigning inventor;

   (ii) An assignee of the entire interest; or

   (iii) All partial assignees together with all inventors who have not
assigned their rights, including the legal representatives of deceased or
legally incapacitated inventors or a § 1.47 applicant for a nonsigning
inventor.

   (2) Broadening reissues: If the applicant seeks to enlarge the scope of
the claims of the original patent, the oath or declaration must be signed
by:

   (i) The inventor or inventors, including the legal representatives of
deceased or legally incapacitated inventors or a § 1.47 applicant for a
nonsigning inventor; or

   (ii) For a reissue application filed on or after September 16, 2012, the
assignee of the entire interest where the application for the original
patent was filed by the assignee of the entire interest (i.e., the oath or
declaration was executed by the assignee under § 1.42 or § 1.47).

   (c) Assignee ownership: All assignees consenting to the reissue must
establish their ownership in the patent by filing in the reissue
application a submission in accordance with the provisions of § 3.73(b).

   (d) A reissue will be granted to the original patentee, his legal
representatives or assigns as the interest may appear.

   20. Section 1.175 is amended by revising paragraphs (a), (b), (c), and
(e), and adding paragraph (f), to read as follows:

 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 382 

§ 1.175  Reissue oath or declaration.

   (a) The reissue oath or declaration, in addition to complying with the
requirements of § 1.63, must also specifically identify at least one error
pursuant to 35 U.S.C. 251 being relied upon as the basis for reissue and
state that the applicant believes the original patent to be wholly or
partly inoperative or invalid by reason of each one of the following
reasons that are applicable:

   (1) A defective specification or drawing;

   (2) The patentee claiming more than the patentee had the right to claim
in the patent; or

   (3) The patentee claiming less than the patentee had the right to claim
in the patent and identify a broadened claim and a broadened portion of the
specification if a change thereto is the basis for the claim broadening;

   (b) A claim broadened in any respect must be treated and identified as a
broadened claim pursuant to paragraph (a)(3) of this section.

   (c) Where all errors previously identified in the reissue oath or
declaration pursuant to paragraph (a) of this section are no longer being
relied upon as the basis for reissue, a new error currently being relied
upon as the basis for reissue must be identified in a reissue oath or
declaration under this section, which statement need only address the new
error.

* * * * *

   (e) Continuing reissue applications:

   (1) Where a continuing reissue application replaces a prior reissue
application, the requirement for a reissue oath or declaration pursuant to
§ 1.172 may be satisfied by a copy of the reissue oath or declaration from
the prior reissue application it replaces.

   (2) Where a continuing reissue application does not replace a prior
reissue application, the requirement for a reissue oath or declaration
pursuant to § 1.172 may be satisfied by:

   (i) A newly executed reissue oath or declaration that identifies at
least one error in the original patent which has not been corrected by a
prior reissue application; or

   (ii) A copy of the reissue oath or declaration from a prior reissue
application within the chain of the benefit claim, accompanied by a
statement that explains either that an identified error was not corrected
in a prior reissue application, or how an identified error is currently
being corrected in a manner different than in a prior reissue application.

   (f) A reissue oath or declaration filed at any time pursuant to 35
U.S.C. 115(h)(1) will be placed in the file record of the reissue
application, but may not be reviewed by the Office.

   21. Section 1.311 is amended by adding new paragraph (c) to read as
follows:

§ 1.311  Notice of allowance.

* * * * *

   (c) Where an assignee, person to whom the inventor is under an
obligation to assign the invention, or person who otherwise shows
sufficient proprietary interest in the matter has filed an application
under §§ 1.42, or 1.47, the applicant must notify the Office of any change
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 383 

in ownership of the application no later than payment of the issue fee. The
Office will treat the absence of such a notice as an indication that there
has been no change in ownership of the application.

   22. Section 1.497 is revised to read as follows:

§ 1.497  Oath or declaration under 35 U.S.C. 371(c)(4).

   (a) When an applicant of an international application desires to enter
the national stage under 35 U.S.C. 371 pursuant to § 1.495, and a
declaration in compliance with this section has not been previously
submitted in the international application under PCT Rule 4.17(iv) within
the time limits provided for in PCT Rule 26ter.1, the applicant must file
an oath or declaration in accordance with § 1.63.

   (b) An oath or declaration will be accepted as complying with 35 U.S.C.
371(c)(4) and § 1.495(c) for purposes of entering the national stage under
35 U.S.C. 371 if it:

   (1) Is executed in accordance with either §§ 1.66 or 1.68;

   (2) Identifies the application to which it is directed;

   (3) Identifies each inventor;

   (4) States that the person executing the oath or declaration believes
the named inventor or inventors to be the original inventor or an original
joint inventor of a claimed invention in the application;

   (5) States that the application was made or was authorized to be made by
the inventor; and

   (6) Where the oath or declaration is not made by the inventor, complies
with the applicable requirements of §§ 1.42 and 1.47.

   (c) If the oath or declaration meeting the requirements of § 1.497(b)
does not also meet the requirements of § 1.63, an oath or declaration in
compliance with § 1.63 or a supplemental application data sheet will be
required in accordance with § 1.67.

PART 3--ASSIGNMENT, RECORDING AND RIGHTS OF ASSIGNEE

   23. The authority citation for part 3 continues to read as follows:

   Authority: 15 U.S.C. 1123; 35 U.S.C. 2(b)(2).

   24. Section 3.31 is amended by adding new paragraph (h) to read as
follows:

§ 3.31  Cover sheet content.

* * * * *

   (h) The assignment cover sheet required by § 3.28 must contain a
conspicuous indication of an intent to utilize the assignment as the
required oath or declaration under § 1.63 of this chapter.

   25. Section 3.71 is amended by revising paragraph (a) to read as
follows:

§ 3.71  Prosecution by assignee.

   (a) Patents--conducting of prosecution on behalf of assignee. Subject to
the requirements of §§ 1.31 and 1.33(f), one or more assignees as defined
in paragraph (b) of this section may, after becoming of record pursuant to
paragraph (c) of this section, conduct prosecution of a national patent
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 384 

application or a reexamination proceeding to the exclusion of either the
inventive entity or the assignee(s) previously entitled to conduct
prosecution. Conflicts between purported assignees are handled in
accordance with § 3.73(c)(4).

* * * * *

   26. Section 3.73 is amended by revising the section heading, paragraphs
(b)(2)(ii) and (c)(2), and adding new (b)(2)(iii), (b)(3), (c)(3) and
(c)(4) to read as follows:

§ 3.73  Establishing right of assignee to request or take action in a
trademark or patent matter.

* * * * *

   (b) * * *

   (2) * * *

   (ii) Being signed by a person having apparent authority to sign on
behalf of the assignee; or

   (iii) Being signed by a patent practitioner of record pursuant to § 1.32
of this chapter.

   (3) In any one application or proceeding, a subsequent statement must
provide a complete chain of title.

   (c) * * *

   (2) If the submission is by an assignee of less than the entire right,
title, and interest (e.g., more than one assignee exists), the Office may
refuse to accept the submission as an establishment of ownership unless:

   (i) Each assignee establishes the extent (by percentage) of its
ownership interest, so as to account for the entire right, title, and
interest in the application or patent by all parties including inventors;
or

   (ii) Each assignee submits a statement identifying the parties including
inventors who together own the entire right, title, and interest and
stating that all the identified parties own the entire right, title, and
interest.

   (3) A statement under paragraph (b) of this section from a prior
application for which benefit is claimed under 35 U.S.C. 120, 121, or
365(c) in a continuing application may have effect in the continuing
application if the inventorship of the continuing application is the
same as the prior application or one or more inventors from the prior
application have been deleted in the continuing application, and a copy of
the statement under paragraph (b) of this section from the prior
application is filed in the continuing application.

   (4) Where two or more purported assignees file conflicting statements
under paragraph (b) of this section, the Director will determine which, if
any, purported assignee will be permitted to control prosecution of the
application.

December 30, 2011                                           DAVID J. KAPPOS
                                            Under Secretary of Commerce for
                                  Intellectual Property and Director of the
                                  United States Patent and Trademark Office
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 385 

Disclaimers
                                  Disclaimers

   7,949,078 - Jafar Savoj, Sunnyvale, CA (US); Pierte Roo, Sunnyvale, CA
(US). HIGH-PRECISION SIGNAL DETECTION FOR HIGH-SPEED RECEIVER. Patent dated
May 24, 2011. Disclaimer filed Nov. 2, 2011, by the assignee MARVELL
INTERNATIONAL LTD.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 7,643,583.

   7,971,948 - Atsushi Oshima, Shiojiri (JP). LIQUID JET APPARATUS AND
PRINTING APPARATUS. Patent dated July, 5 2011. Disclaimer filed Nov. 10,
2011, by the assignee SEIKO EPSON CORPORATION.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 7,717,530.

   5,725,676 - Chung-Wai Chiu, Westfield; Eleanor Schiermeyer, Bound Brook;
David J. Thomas, Flemington; Manish B. Shah, Somerset, all of N.J.
THERMALLY INHIBITED STARCHES AND FLOURS AND PROCESS FOR THEIR PRODUCTION.
Patent dated March. 10, 1998. Disclaimer filed March. 27, 1998, by the
assignee National Starch and Chemical Investment Holding Corporation.

   The term of this patent shall not extend beyond the expiration date of
Application No. 08/473688.

   7,811,812 - Thomas W. Dubensky, Jr., Del Mar, CA (US); John M. Polo,
Encintas, CA (US); Barbara A. Belli, San Diego, CA (US); Sondra
Schlesinger, St. Loius, MO(US); Sergey A. Drvga, Fort Collins, CO (US);
Ilya Frolov, St. Louis, MO (US). RECOMBINANT ALPHAVIRUS-BASED VECTORS WITH
REDUCED INHIBITION OF CELLULAR MACROMOLECULAR SYNTHESIS. Patent dated Oct.
12, 2010. Disclaimer filed Nov. 9, 2011, by the assignee Novartis Vaccines
& Diagnostics, Inc.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 5,814,482.

   7,087,555 - William S. Halliday, Cypress, TX (US); David W. Schwertner,
The Woodlands, TX (US); S. Dwight Strickland, Kingwood, TX (US).  DRILLING
FLUIDS COMPRISING SIZED GRAPHITE PARTICLES. Patent dated Aug. 8, 2006.
Disclaimer filed Aug. 1, 2011, by the inventor William S. Halliday.

   Hereby disclaims claims 1-65 of the patent.

   7,911,560 - Kiyoshi Kamiya, Saitama (JP). MULTIPLE-LAYER LIQUID CRYSTAL
DISPLAY DEVICE HAVING A FLEXIBLE SUBSTRATE.  Patent dated March 22, 2011.
Disclaimer filed May 20, 2011, by the inventor Kiyoshi Kamiya.

   Hereby disclaims claims 16-19 of the patent.

   7,915,969 - Yoshito Shimizu, Kanagawa (JP); Noriaki Saito, Tokyo (JP).
DISTORTION COMPENSATING CIRCUIT. Patent dated Mar. 29, 2011. Disclaimer
filed Nov. 4, 2011, by the assignee Panasonic Corporation.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 7,535,310.

   7,915,969 - Yoshito Shimizu, Kanagawa (JP); Noriaki Saito, Tokyo (JP).
DISTORTION COMPENSATING CIRCUIT. Patent dated Mar. 29, 2011. Disclaimer
filed Nov. 4, 2011, by the assignee Panasonic Corporation.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 7,535,310.

   6,444,673 - Claude Cortel, Paris; Ge'rard Roussel, Soisy sur Seine, both
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 386 

of (FR). OPTICALLY ACTIVE 5H-PYRROLO(3,4-B)PYRAZINE DERIVATIVE, ITS
PREPARATION AND PHARMACEUTICAL COMPOSITIONS CONTAINING IT. Patent dated
Sep. 3, 2002. Disclaimer filed Nov. 23, 2011, by the assignee Sunovion
Pharmaceuticals Inc.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 6,319,926.

  6,575,304 - George F. Cudahy, 4 Cielo Lindo Dr., Anthony, NM (US) 88021.
VIBRATING SCREEN APPARATUS. Patent dated June. 10, 2003. Disclaimer filed
Dec. 22, 2011, by the inventor George F. Cudahy.

   Hereby disclaims claims 1-15 of the patent.

6,841,108 - Peter Savenok, 2S 425 Orchard Rd., Wheaton, IL (US) 60187.
METHOD OF MANUFACTURING A BALUSTRADE OF SYNTHETIC MATERIAL. Patent dated
Jan. 11, 2005. Disclaimer filed Jan. 28, 2011, by the inventor Peter
Savenok.

   Hereby enters this disclaimer to all claims of said patent.

6,875,445 - Edmund V. Dennett, Jr., Milton, MA (US); Robert M. Raleigh,
Jr., Pembroke, MA (US); Bruce H. Aronson, Sharon, MA (US). ENCAPSULATED
CALCIUM ACETATE CAPLET AND A METHOD FOR INHIBITING GASTROINTESTINAL
PHOSPHOROUS ABSORPTION. Patent dated April. 5, 2005. Disclaimer filed Nov.
17, 2011, by the assignee Fresenius Medical Care Holdings, Inc.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 6,576,665.

   7,603,365 - Yen-Fu Chen, Austin, TX (US); John H. Bosma, Cedar Park, TX
(US); John W. Dunsmoir, Round Rock, TX (US); Venkatesan Ramamoorthy, Round
Rock, TX (US); Mei Yang Selvage, Pocatello, ID (US). SYSTEM AND METHOD FOR
CAPTURE AND PROCESSING OF OVERFLOW CHARACTERS FROM USER INPUT. Patent dated
Oct. 13, 2009. Disclaimer filed Oct. 9, 2008, by the assignee International
Business Machines Corporation.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 7,433,877.

   7,959,473 - Russell Lee Machado, San Diego, CA (US); Victor H. Renteria,
Poway, CA (US); Thuyen Dinh, San Diego, CA (US). UNIVERSAL CONNECTOR
ASSEMBLY AND METHOD OF MANUFACTURING.  Patent dated June 14, 2011.
Disclaimer filed April 20, 2011, by the assignee Pulse Engineering, Inc.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 7,661,994.

   8,027,632 - Scott T. Mazar, Inver Grove Heights, MN (US). SYSTEMS,
DEVICES, AND METHODS FOR SELECTIVELY PREVENTING DATA TRANSFER FROM A
MEDICAL DEVICE.  Patent dated Sep. 27, 2011. Disclaimer filed May 19, 2011,
by the assignee Cardiac Pacemakers, Inc.

   The term of this patent shall not extend beyond the expiration date of
Patent No. 7,289,761.

   D. 642,903 - Neema Pourian, Skokie, IL (US). DISPENSER. Patent dated
Aug. 9, 2011. Disclaimer filed Dec. 29, 2011, by the assignee Wm. Wrigley
Jr. Company.

   Hereby disclaims claim 1 of the patent.
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 387 

Errata
                                    Errata

   "All reference to Patent No. D,651,442 to Tom Kwok-Yung Cheng of Rowland
Heights, CA for PILLOW appearing in the Official Gazette of January 03,
2012 should be deleted since no patent was granted."

   "All reference to Patent No. 8,087,590 to Ynkiun P. Wang, et al of
Cupertino, CA for INDICIA  READING TERMINAL INCLUDING FRAME QUALITY
EVALUATION PROCESSING appearing in the Official Gazette of January 03, 2012
should be deleted since no patent granted."

   "All reference to Patent No. 8,087,829 to Kazuya Suzuki, et al of Osaka,
Japan for ROLLING BEARING AND ROLLING BEARING ASSEMBLY appearing in the
Official Gazette of January 03, 2012 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,087,908 to Dongsheng Wang of Beijing,
China for VALVE-TYPE OIL FEEDER appearing in the Official Gazette of
January 03, 2012 should be deleted since no patent was granted."

   "All reference to Patent No. 8,087,997 to Mark L. Yoseloff, et al of
Henderson, NV for METHOD AND APPARATUS FOR VARIABLE CONTRIBUTION
PROGRESSIVE JACKPOTS appearing in the Official Gazette of January 03, 2012
should be deleted since no patent was granted."

   "All reference to Patent No. 8,088,476 to Yoshikazu Yasukawa, et al of
Shizuoka, Japan for ASSEMBLY INCLUDING POLYTERAFLUOROETHYLENE POROUS BODY
appearing in the Official Gazette of January 03, 2012 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,088,879 to Hiroki Sakamoto, et al of
Osaka, Japan for POLYSILANE AND POLYSILANE-CONTAINING RESIN COMPOSTITION
appearing in the Official Gazette of January 03, 2012 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,089,022 to Maurizio Curnis, et al of
Carvico (BG), Italy for LOW-VOLTAGE CIRCUIT BREAKER WITH SEALED
INTERCHANGEABLE PLOES appearing in the Official Gazette of January 03, 2012
should be deleted since no patent was granted."

   "All reference to Patent No. 8,089,069 to Byoung-Keon Park of Suwon-Si
Korea, Republic of for THIN FILM TRANSISTOR, METHOD OF FABRICATING THE
SAME, AND ORGANIC LIGHT  EMITTING DIODE DISPLAY DEVICE INCLUDING THE SAME
appearing in the Official Gazette January 03, 2012 should be deleted since
no patent was granted."

   "All reference to Patent No. 8,089,076 to Steven D. Lester, et al of
 Palo Alto, CA for EDGE-EMITTING LED LIGHT SOURCE appearing in the Official
 Gazette of January 03, 2012 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,089,174 to Tomohiro Numajiri of Nagasaki,
Japan for WIND TURBINE GENERATOR appearing in the Official Gazette of
January 03, 2012 should be deleted since no patent was granted."

   "All reference to Patent No. 8,089,223 to Gongyin Chen, et al of
Henderson, NV for INTERLACED MULTI-ENERGY RADIATION SOURCES appearing in
the Official Gazette of January 03, 2012 should be deleted since no patent
was granted."

   "All reference to Patent No. 8,089,224 to William Bertozzi, et al of
Lexington MA for METHODS FOR DIAGNOSING AND AUTOMATICALLY CONTROLLING THE
OPERATION OF A PARTICLE ACCELERATOR appearing in the Official Gazette of
January 03, 2012 should be deleted since no patent was granted."

 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 388 

   "All reference to Patent No. 8,089,361 to Noboru Kato of Moriyama-Shi,
Japan for WIRELESS IC DEVICE appearing in the Official Gazette of January
03, 2012 should be deleted since no patent was granted."

   "All reference to Patent No. 8,089,471 to Tao Peng, et al of Shanghai,
China for APPARATUS AND METHOD FOR REDUCING AVERAGE SCAN RATE TO DETECT A
CONDUCTIVE OBJECT ON A SENSING DEVICE appearing in the Offical Gazette of
January 03, 2012 should be deleted since no patent was granted."

   "All reference to Patent No. 8,089,607 to Naoyuki Kobayashi, et al of
Fukaya, Japan for EXPOSURE APPARATUS AND METHOD FOR PRODUCING DEVICE
appearing in the Official Gazette of January 03, 2012 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,089,660 to Tomokazu yanai, et al of
Yokohama-Shi, Japan for IMAGE PROCESSING APPARATUS, IMAGE FORMING
APPARATUS, AND CONTROL METHOD THEREOF, WHICH FORM AN IMAGE BY APPLYING
N-RAY PROCESSING appearing in the Official Gazette of January 03, 2012
should be deleted since no patent was granted."

   "All reference to Patent No. 8,089,898 to Gregory G. Raleigh of
Woodside, CA for VERIFIABLE DEVICE ASSISTED SERVICE POLICY IMPLEMENTATION
appearing in the Official Gazette of January 03, 2012 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,090,115 to Qian, Xu, et al of College
Station, TX for DISTRIBUTED JOINT SOURCE-CHANNEL CODING OF VIDEO USING
RAPTOR CODES appearing in the Official Gazette of January 03, 2012 should
be deleted since no patent was granted."

   "All reference to Patent No. 8,090,325 to Solomon Trainin, et al of
Haifa, Israel for WIRELESS COMMUNICATION SYSTEM, ASSOCIATED METHODS AND
DATA STRUCTURES appearing in the Official Gazette of January 03, 2012
should be deleted since no patent was granted."

   "All reference to Patent No. 8,090,385 to Koichiro Kasama of Kawasaki,
Japan for MOBILE TERMINAL AND STEP LENGTH-CALCULATING METHOD appearing in
the Official Gazette of January 03, 2012 should be deleted since no patent
was granted."

   "All reference to Patent No. 8,090,589 to Markus Schnell, et al of
Erlangen, Germany for ENCODING AN INFORMATION SIGNAL appearing in the
Official Gazette of January 03, 2012 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,090,610 to Dharma K. Shukla, et al of
Sammamish, WA for EXTENSIBLE FRAMEWORK FOR DESIGNING WORKFLOW S appearing
in the Official Gazette of January 03, 2012 should be deleted since no
patent was granted."

   "All reference to Patent No. 8,090,661 to Wei Yen, et al of Los Altos
Hills, CA for STATIC-OR-DYNAMIC AND LIMITED-OR-UNLIMITED CONTENT RIGHTS
appearing in the Official Gazette of January 03, 2012 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,090,985 to Marc A. Gollub, et al of Round
Rock, TX for MEMORY MEATADAT USED TO HANDLE MEMORY ERRORS WITHOUT PROCESS
TERMINATION appearing in the Official Gazette of January 03, 2012 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,083,050 to William A. Bastian II, et al
of Carmel, IN for THREE-DIMENSIONAL AUTOMATED PICK MODULE appearing in the
Official Gazette of December 27, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,083,329 to Morimasa Kajiura of
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 389 

Ichinomiya-Shi, Japan for FLOW PATH UNIT, INSPECTION APPARATUS, AND
INSPECTION METHOD appearing in the Official Gazette of December 27, 2011
should be deleted since no patent was granted."

   "All reference to Patent No. 8,083,564 to Chih-Hao Tsai, et al of
Changhua County, Taiwan for FABRICATING METHOD OF ELECTRON-EMITTING DEVICE
appearing in the Official Gazette of December 27, 2011 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,083,843 to Makoto Sekiyama of Tokyo,
Japan for AQUEOUS DISPERSION OF SURFACE-TREATED CARBON BLACK AND METHOD OF
PRODUCING THE SAME appearing in the Official Gazette of December 27, 2011
should be deleted since no patent was granted."

   "All reference to Patent No. 8,084,468 to Robert James Pasteris, et al
of Newark, Delaware for FUNGICIDAL AMIDES appearing in the Official Gazette
of December 27, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,084,636 to Andrew David Miller, et al of
London, United Kingdom for SULFUR-CONTAINING PHOSPHOLIPID DERIVATIVES
appearing in the Official Gazette of December 27, 2011 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,084,738 to James L. Bertsch, et al of
Palo-Alto, CA for CONVERGING MULTIPOLE ION GUIDE FOR ION BEAM SHAPING
appearing in the Official Gazette of Gazette of December 27, 2011 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,084,797 to Kwang-Ho Lee of
Chungeheongbuk-Do, Japan for IMAGE SENSOR AND METHOD FOR FABRICATING THE
SAME appearing in the Official Gazette of December 27, 2011 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,084,820 to Takashi Kumagai, et al of
Chino-Shi, Japan for INTEGRATED CIRCUIT DEVICE AND ELECTRONIC INSTRUMENT
appearing in the Official Gazette of December 27, 2011 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,085,077 to Armond Hairapetian of Newport
Coast, CA for CURRENT-CONTROLLED CMOS LOGIC FAMILY appearing in the
Official Gazette of December 27, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,085,114 to Jeffrey D. Chereson, et al of
Erie, PA for ELECTROMAGNETIC FILTER WITH A CONDUCTIVE CLIP RETENTION SYSTEM
AND METHOD OF ASSEMBLY appearing in the Official Gazette of Deecmber 27,
2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,085,307 to Hiroyoshi Inaba of
Utsunomiya-Shi, Japan for OPTICAL APPARATUS HAVING MAGNET MEMBER appearing
in the Official Gazette of December 27, 2011 should be deleted since no
patent was granted."

   "All reference to Patent No. 8,085,376 to Kuei-Wei Huang, et al of
Taipei City, Taiwan for PIXEL ARRAY STRUCTURE appearing in the Official
Gazette of December 27, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,085,504 to Yoshinari Yoshida, et al of
Osaka, Japan for SUSPENSION BOARD WITH METAL SUPPORTING BOARD HAVING
MAGNETIC-HEAD MOUNTING REGION appearing in the Official Gazette of December
27, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,085,612 to Fariborz F. Roohparvar of
Monte Sereno, CA for METHOD AND APPARATUS FOR MANAGING BEHAVIOR OF MEMORY
DEVICES appearing in the Official Gazette of December 27, 2011 should be
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 390 

deleted since no patent was granted."

   "All reference to Patent No. 8,085,649 to Toshihiko Sakai, et al of
Osaka, Japan for SUPER-RESOLUTION OPTCIAL RECORDING MEDIUM ON WHICH
INFORMATION IS RECORDED USING TRAIN OF PREPITS, OPTICAL RECORDING MEDIUM
REPRODUCTION DEVICE, AND CONTORL METHOD appearing in the Official Gazette
of December 27, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8.085,682 to Calin Ciordas, et al of
Eindhoven, Netherlands for ELECTRONIC DEVICE, SYSTEM ON CHIP AND METHOD FOR
MONITORING A DATA FLOW appearing in the Official Gazette of December 27,
2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,085,762 to David Solomon, et al of River
Vale, NJ for GPON MANAGEMENT SYSTEM appearing in the Official Gazette of
December 27, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,085,815 to Bernd Heise, et al of
Muenchen, Germany for RETRANSMISSION IN DATA COMMUNICATION SYSTEMS
appearing in the Official Gazette of December 27, 2011 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,085,854 to Barin Geoffrey Haskell, et al
of Tinton Falls, NJ for SYSTEM, METHOD AND COMPUTER-READABLE MEDIUM FOR
ENCODING A SIGNAL INTO MACROBLOCKS appearing in the Official Gazette of
December 27, 2011 should be deleted  since no patent was granted."

   "All reference to Patent No. 8,085,999 to Teruyuki Higuchi of Tokyo,
Japan for APPARATUS FOR BIOMETRICAL FEATURE appearing in the Official
Gazette of December 27, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,086,447 to Masahiro Oshikiri, et al of
Kanagawa, Japan for ENCODER, DECODER, ENCODING METHOD, AND DECODING METHOD
appearing in the Official Gazette of December 27, 2011 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,086,540 to Kenneth P. Weiss of Newton, MA
for UNIVERSAL SECURE REGISTRY appearing in the Official Gazette of December
27, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,086,630 to Leslie Yeh, et al of Mountain
View, CA for USING LOCATION-SPECIFIC PRICE AND/OR PERFORMANCE INFORMATION
IN AN AD SYSTEM appearing in the Official Gazette of December 27, 2011
should be deleted since no patent was granted."

   "All reference to Patent No. 8,086,639 to Sivasankaran Chandrasekar, et
al of Menlo Park, CA for OPERATIONALLY COMPLETE HIERARCHICAL REPOSITORY IN
A RELATIONAL DATABASE appearing in the Official Gazette of December 27,
2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,086,654 to Ben Eitel of Gaertringen,
Germany for ADAPTIVE FILTER DEVICE AND METHOD FOR DETERMINING FILTER
COEFFICIENTS appearing in the Official Gazette of December 27, 2011 should
be deleted since no patent was granted."

   "All reference to Patent No. 8,086,683 to Robert D. Haskins, et al of
Amherst, NH for APPARATUS AND METHODS FOR CONTRLLONG THE TRANSMISSION OF
MESSAGES appearing in the Official Gazette of December 27, 2011 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,086,753 to Brian Dote, et al of Waipahu,
Hawaii for GENERATION LOW RESOLUTION USER INTERFACES FOR TRANSMISSION TO
MOBILE DEVICES appearing in the Official Gazette of December 27, 2011
should be deleted since no patent was granted."

   "All reference to Patent No. 8,086,784 to Jacob Oshins of Redmond, WA
for DIRECT MEMORY ACCESS FILTER FOR VIRTUALIZED OPERATING SYSTEMS appearing
in the Official Gazette of December 27, 2011 should be deleted since no
patent was granted."

   "All reference to Patent No. 8,086,949 to Huican Zhu, et al of San Jose,
CA for ANCHOR TAG INDEXING IN A WEB CRAWLER SYSTEM appearing in the
Official Gazette of December 27, 2011 should be deleted since no patent was
granted."
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 391 

Erratum
                                    Erratum

   In the notice of Certificate of Correction appearing in November 1,
2011, delete all reference to Patent No. 7,910,339, issue of October 11,
2011. The errors appearing on the certificate of correction does not
correspond to text in the printed patent. The certificate of correction
should not have been issued.
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 392 

Certificates of Correction
                          Certificates of Correction
                             for January 10, 2012

5,627,382            7,939,558            8,005,039            8,038,852
6,153,401            7,939,699            8,005,253            8,039,037
6,321,201C1          7,940,843            8,005,526            8,039,563
6,333,045C1          7,942,338            8,006,280            8,039,678
6,414,340            7,943,571            8,007,319            8,039,796
6,542,936C1          7,944,805            8,007,515            8,039,868
6,621,870            7,945,678            8,008,338            8,040,206
6,836,885            7,947,503            8,008,566            8,040,906
6,887,842            7,947,701            8,008,845            8,041,032
7,085,077            7,948,883            8,009,185            8,041,127
7,167,137            7,950,047            8,009,582            8,042,011
7,185,540            7,951,532            8,009,631            8,042,681
7,378,799            7,951,803            8,010,038            8,043,160
7,452,408            7,953,752            8,010,668            8,043,195
7,468,383            7,954,064            8,011,038            8,043,213
7,491,534            7,954,204            8,012,014            8,043,539
7,568,163            7,954,873            8,012,088            8,043,907
7,572,765            7,955,013            8,012,528            8,043,933
7,611,562            7,955,805            8,013,163            8,043,959
7,612,869            7,956,636            8,014,344            8,044,100
7,620,456            7,957,377            8,014,436            8,044,134
7,622,414            7,957,595            8,015,011            8,044,242
7,629,284            7,957,881            8,015,314            8,044,633
7,651,637            7,958,141            8,016,275            8,047,656
7,662,451            7,959,442            8,016,505            8,048,676
7,664,264            7,959,929            8,016,846            8,048,687
7,669,218            7,959,933            8,016,895            8,048,708
7,673,441            7,960,301            8,018,135            8,048,756
7,680,807            7,960,566            8,018,863            8,049,106
7,681,687            7,960,599            8,018,975            8,049,258
7,684,628            7,961,160            8,019,346            8,050,087
7,689,016            7,961,601            8,019,558            8,050,377
7,700,931            7,961,704            8,020,233            8,050,561
7,714,849            7,962,132            8,020,464            8,052,075
7,717,304            7,962,763            8,020,830            8,053,192
7,727,719            7,963,269            8,020,948            8,053,450
7,737,360            7,966,126            8,021,403            8,053,899
7,745,111            7,966,375            8,021,786            8,053,909
7,750,873            7,966,695            8,022,017            8,055,909
7,761,811            7,966,969            8,022,826            8,056,655
7,772,251            7,968,104            8,022,996            8,058,118
7,773,711            7,968,347            8,023,424            8,058,477
7,784,684            7,969,222            8,023,433            8,058,872
7,785,299            7,969,449            8,023,723            8,058,997
7,785,690            7,969,866            8,023,954            8,059,687
7,787,859            7,970,048            8,024,000            8,060,551
7,788,403            7,970,724            8,024,242            8,061,042
7,790,150            7,971,260            8,024,344            8,061,081
7,790,727            7,972,700            8,024,373            8,061,752
7,790,980            7,972,938            8,024,755            8,062,377
7,796,107            7,973,049            8,024,777            8,062,436
7,799,860            7,974,873            8,024,795            8,062,945
7,805,026            7,975,025            8,025,096            8,062,958
7,812,031            7,975,147            8,025,680            8,063,035
7,815,254            7,976,291            8,025,901            8,063,100
7,816,543            7,976,492            8,025,934            8,063,194
7,820,878            7,977,489            8,026,237            8,063,454
7,825,867            7,978,874            8,026,320            8,063,699
7,831,230            7,978,926            8,026,917            8,063,778
7,832,809            7,979,090            8,026,918            8,064,161
7,839,862            7,980,444            8,027,023            8,064,520
7,840,996            7,980,722            8,027,519            8,065,056
 January 31, 2012 US PATENT AND TRADEMARK OFFICE 1374 OG 393 

7,841,464            7,981,536            8,027,632            8,065,262
7,842,010            7,981,588            8,027,649            8,065,369
7,847,841            7,981,648            8,027,724            8,065,572
7,853,588            7,981,672            8,027,776            8,065,704
7,855,599            7,981,917            8,027,976            8,066,105
7,861,289            7,982,937            8,028,092            8,066,140
7,861,290            7,983,879            8,029,060            8,066,149
7,865,390            7,984,863            8,029,233            8,066,711
7,865,414            7,986,214            8,029,259            8,066,876
7,869,790            7,986,397            8,029,260            8,067,174
7,871,442            7,986,986            8,029,618            8,067,483
7,875,628            7,987,094            8,030,014            8,067,485
7,881,750            7,987,221            8,030,340            8,067,556
7,884,123            7,987,245            8,031,117            8,068,043
7,884,884            7,987,370            8,031,342            8,068,053
7,885,402            7,990,328            8,031,519            8,068,218
7,890,378            7,991,022            8,031,695            8,068,413
7,891,330            7,991,182            8,032,431            8,068,548
7,893,869            7,991,980            8,032,927            8,068,744
7,895,800            7,992,004            8,033,245            8,069,419
7,897,372            7,992,142            8,033,375            8,070,069
7,897,797            7,992,521            8,033,578            8,070,306
7,906,772            7,992,659            8,033,895            8,072,525
7,909,884            7,994,212            8,033,951            8,072,990
7,910,105            7,994,705            8,034,421            8,073,329
7,911,209            7,995,043            8,034,578            8,073,627
7,915,401            7,995,641            8,034,805            8,073,787
7,915,500            7,995,987            8,035,038            8,073,928
7,915,808            7,996,000            8,035,374            8,076,114
7,917,910            7,996,234            8,036,143            D. 621,53
7,917,914            7,996,310            8,036,353            D. 633,50
7,924,698            7,996,916            8,036,609            D. 634,30
7,925,705            7,996,988            8,036,679            D. 641,82
7,926,225            7,997,013            8,037,028            D. 641,92
7,926,646            7,997,174            8,037,545            D. 642,41
7,927,361            7,997,351            8,037,691            D. 644,94
7,928,224            7,998,465            8,038,042            D. 647,12
7,930,231            7,998,969            8,038,059            D. 647,16
7,930,905            7,999,997            8,038,174            RE. 42,55
7,932,246            8,000,596            8,038,317            RE. 42,55
7,932,899            8,001,678            8,038,337            RE. 42,56
7,934,281            8,002,102            8,038,520            RE. 42,60
7,934,634            8,002,970            8,038,523            RE. 42,61
7,935,194            8,003,623            8,038,597            RE. 42,73
7,937,060            8,003,669            8,038,614
7,939,259            8,003,679            8,038,766
Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1374 OG 394 

Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
December 27 – December 30, 2011
 

Date Issued Type of Case(1) Proceeding or Appn. Number Party or Parties TTAB Panel (2) Issue(s) TTAB Decision Opposer’s or Petitioner’s mark and goods or services Applicant’s or Respondent’s mark and goods or services Mark and goods or services cited by Examining Attorney Issued as Precedent of TTAB
12-28 EX 76696033 Revolution Energy Solutions LLC Cataldo Mermelstein Ritchie* 2(d); 2(e)(1) and 6(a) Both Refusals Affirmed   RES AGRICULTURE [business organization and operation consultancy for a business which focuses on renewable energy production, the construction, maintenance and repair of power generation facilities; operation of power generation equipment and facilities for others] [building construction, repair, and maintenance in the field of renewable energy production; construction, maintenance, repair, and installation of power generation facilities] [generation of power and electricity using renewable energy sources] RES (three registrations by one entity, one mark stylized, one with design) (all for) [purchasing and procurement services for utility-scale wind farms, namely, procuring of contracts for others for the purchase of goods and labor contracting services] [construction of utility-scale wind farms, namely, erecting wind monitoring equipment, and operation of utility-scale wind farms, namely, providing electricity to others] [operation of utility-scale wind farms, namely, generation of electricity to others] No
12-28 EX 85061337 Tokyo Plast Intl. Ltd. Cataldo* Ritchie Kuczma 2(d) Refusal Affirmed   PINNACLE STYLE WITH SUBSTANCE (and design) [hot pots and casseroles] PINNACLE [bakeware] No
12-30 OPP (SJ) 91196513
91196514
Zachry Infrastructure, LLC v. American Infrastructure, Inc. Taylor
Ritchie
Lykos [Opinion "By the Board" (Baxley)]
2(e)(1); 2(e)(2); 2(f); issue and claim preclusion Opposer’s motion for judgment granted in part   AMERICAN INFRASTRUCTURE [Business information management in the field of heavy civil construction; supply services for third parties in the field of construction materials, namely, purchase of aggregate, asphalt, and concrete for other companies] [Building construction for residential, commercial, and institutional use; excavation services] [quarry services in the nature of stone-crushing] AMERICAN INFRASTRUCTURE [Construction consultation; construction management; construction planning; consultation services for the construction of water and wastewater plants; construction of water and wastewater plants; laying and construction of pipelines; road and highway construction; road and highway paving services; bridge construction]   Yes
12-30 CANC (SJ) 92052047
 
Mattel, Inc. v. The Brainy Baby Company, LLC Seeherman
Ritchie Wolfson [Opinion "By the Board" (Baxley)]
Whether mark is title of a single creative work Petition to Cancel Granted (Motion for summary judgment granted) LAUGH & LEARN [developmental toys for infants; infant toys] LAUGH & LEARN (and design) [series of prerecorded videotapes, audio cassettes, digital video discs and compact discs featuring live and animated educational materials intended to develop and improve the creative and intellectual faculties of infants and children]   Yes

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (R)=Request for Reconsideration (2) *=Opinion Writer; (D)=Dissenting Panel Member



Top of Notices Top of Notices January 31, 2012 US PATENT AND TRADEMARK OFFICE Print Appendix 1374 OG 

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office
                     MAILING AND HAND CARRY ADDRESSES FOR
             MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE

              MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS

   For most correspondence (e.g., new patent applications) no mail stop
is required because the processing of the correspondence is routine.
If NO mail stop is included on the list below, no mail stop is required
for the correspondence. See the listing under "Mail to be Directed to the
Director of the Patent And Trademark Office" for additional mail stops
for patent-related correspondence. Only the specified type of document
should be placed in an envelope addressed to one of these special mail
stops. If any documents other than the specified type identified for each
special mail stop are addressed to that mail stop, they will be
significantly delayed in reaching the appropriate area for which they are
intended. The mail stop should generally appear as the first line in
the address.

   Most correspondence may be submitted electronically. See the USPTO's
Electronic Filing System (EFS-Web) internet page
http://www.uspto.gov/patents/process/file/efs/index.jsp for additional
information.

   Please address mail to be delivered by the United States Postal Service
(USPS) as follows:

        Mail Stop _____
        Commissioner for Patents
        P.O. Box 1450
        Alexandria, VA 22313-1450

   If no Mail Stop is indicated below, the line beginning Mail Stop should
be omitted from the address.

   Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 37 CFR 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address patent-related correspondence to be
delivered by other delivery services (Federal Express (Fed Ex), UPS, DHL,
Laser, Action, Purolator, etc.) as follows:

        United States Patent and Trademark Office
        Customer Service Window, Mail Stop _____
        Randolph Building
        401 Dulany Street
        Alexandria, VA 22314


Mail Stop
Designations            Explanation

Mail Stop 12            Contributions to the Examiner Education Program.

Mail Stop 313(c)        Petitions under 37 CFR 1.313(c) to withdraw a
                        patent application from issue after payment of
                        the issue fee and any papers associated with the
                        petition, including papers necessary for a
                        continuing application or a request for
                        continued examination (RCE).

Mail Stop AF            Amendments and other responses after final
                        rejection (e.g., a notice of appeal (and any
                        request for pre-appeal brief conference)),
                        other than an appeal brief.

Mail Stop Amendment     Information disclosure statements, drawings, and
                        replies to Office actions in patent applications
                        with or without an amendment to the application or
                        a terminal disclaimer. (Use Mail Stop AF for
                        replies after final rejection.)

Mail Stop Appeal        For appeal briefs or other briefs under
 Brief-Patents          part 41 of title 37 of the Code of Federal
                        Regulations (e.g., former 37 CFR 1.192).

Mail Stop               Public comments regarding patent-related
 Comments-Patent        regulations and procedures.


Mail Stop Conversion    Requests under 37 CFR 1.53(c)(2) to convert a
                        nonprovisional application to a provisional
                        application and requests under 37 CFR 1.53(c)(3)
                        to convert a provisional application to a
                        nonprovisional application.

Mail Stop EBC           Mail for the Electronic Business Center including:
                        Certificate Action Forms, Request for Customer
                        Number, and Requests for Customer Number Data
                        Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A,
                        respectively) and Customer Number Upload
                        Spreadsheets and Cover Letters.

Mail Stop Expedited     Only to be used for the initial filing of
 Design                 design applications accompanied by a
                        request for expedited examination under
                        37 CFR 1.155.

Mail Stop Express       Requests for abandonment of a patent
 Abandonment            application pursuant to 37 CFR 1.138,
                        including any petitions under 37 CFR
                        1.138(c) to expressly abandon an
                        application to avoid publication of the
                        application.

Mail Stop               Applications under 35 U.S.C. 156 for patent term
 Hatch-Waxman PTE       extension based on regulatory review of a product
                        subject to pre-market review by a regulating
                        agency. This mail stop is also to be used for
                        additional correspondence regarding the
                        application for patent term extension under
                        35 U.S.C. 156. It is preferred that such initial
                        requests be hand-carried to:

                        Office of Patent Legal Administration
                        Room MDW 7D55
                        600 Dulany Street (Madison Building)
                        Alexandria, VA 22314

Mail Stop ILS           Correspondence relating to international patent
                        classification, exchanges and standards.

Mail Stop Issue Fee     All communications following the receipt of a
                        PTOL-85, "Notice of Allowance and Fee(s)
                        Due," and prior to the issuance of a patent
                        should be addressed to Mail Stop Issue Fee,
                        unless advised to the contrary.

                        Assignments are the exception. Assignments
                        (with cover sheets) should be faxed to
                        571-273-0140, electronically submitted
                        (http://epas.uspto.gov), or submitted in a
                        separate envelope and sent to Mail Stop
                        Assignment Recordation Services,
                        Director - U.S. Patent and Trademark Office
                        as shown below.

Mail Stop L&R           All documents pertaining to applications subject
                        to secrecy order pursuant to 35 U.S.C. 181, or
                        national-security classified and required to be
                        processed accordingly. Such papers, petitions for
                        foreign filing license pursuant to 37 CFR 5.12(b)
                        for which expedited handling is requested, and
                        petitions for retroactive license under 37 CFR
                        5.25 may also be hand carried to Licensing and
                        Review:

                        Technology Center 3600, Office of the Director
                        Room 4B41
                        501 Dulany Street (Knox Building)
                        Alexandria, VA 22314

Mail Stop Missing       Requests for a corrected filing receipt and
 Parts                  replies to OPAP notices such as the Notice
                        of Omitted Items, Notice to File Corrected
                        Application Papers, Notice of Incomplete
                        Application, Notice to Comply with Nucleotide
                        Sequence Requirements, and Notice to File Missing
                        Parts of Application, and associated papers and
                        fees.

Mail Stop MPEP          Submissions concerning the Manual of Patent
                        Examining Procedure.

Mail Stop Patent Ext.   Applications for patent term extension or
                        adjustment under 35 U.S.C. 154 and any
                        communications relating thereto. This mail stop
                        is limited to petitions for patent term extension
                        under 35 U.S.C. 154 for applications filed
                        between June 8, 1995 and May 29, 2000, and patent
                        term adjustment (PTA) under 35 U.S.C. 154 for
                        applications filed on or after May 29, 2000.
                        For applications for patent term extension under
                        35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE.
                        For applications for patent term extension or
                        adjustment under 35 U.S.C. 154 that are mailed
                        together with the payment of the issue fee, use
                        Mail Stop Issue Fee.

Mail Stop Patent        Submission of comments regarding search templates.
 Search Template
 Comments

Mail Stop PCT           Mail related to international applications filed
                        under the Patent Cooperation Treaty in the
                        international phase and in the national phase
                        under 35 U.S.C. 371 prior to mailing of a
                        Notification of Acceptance of Application Under
                        35 U.S.C. 371 and 37 CFR 1.495 (Form
                        PCT/DO/EO/903).

Mail Stop Petition      Petitions to be decided by the Office of Petitions,
                        including petitions to revive and petitions to
                        accept late payment of issue fees or maintenance
                        fees.

Mail Stop PGPUB         Correspondence regarding publication of patent
                        applications not otherwise provided, including:
                        requests for early publication made after filing,
                        rescission of a non-publication request, corrected
                        patent application publication, and refund of
                        publication fee.

Mail Stop Post          In patented files: requests for changes of
 Issue                  correspondence address, powers of attorney,
                        revocations of powers of attorney, withdrawal as
                        attorney or agent and submissions under 37
                        CFR 1.501. Designation of, or changes to, a fee
                        address should be addressed to Mail Stop M
                        Correspondence. Requests for Certificate of
                        Correction need no special mail stop, but
                        should be mailed to the attention of Certificate
                        of Correction Branch.

Mail Stop RCE           Requests for continued examination under
                        37 CFR 1.114.

Mail Stop               Correspondence pertaining to the reconstruction
 Reconstruction         of lost patent files.

Mail Stop Ex Parte      Original requests for Ex Parte Reexamination
 Reexam                 and all subsequent corresponcence other
                        than correspondence to the Office of the Solicitor
                        (see 37 CFR 1.1(a)(3) and 1.302(c)).

Mail Stop Inter         Original requests for Inter Partes Reexamination
 Partes Reexam          and all subsequent correspondence other than
                        correspondence to the Office of the Solicitor
                        (see 37 CFR 1.1(a)(3) and 1.302(c)).

Mail Stop Reissue       All new and continuing reissue application filings.

Mail Stop Sequence      Submission of the computer readable form (CRF) for
                        applications with sequence listings, when the CRF
                        is not being filed with the patent application.

Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp.


            MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS

   Please address trademark-related correspondence to be delivered by the
United States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as follows:

        Commissioner for Trademarks
        P.O. Box 1451
        Alexandria, VA 22313-1451

   Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:

        Madrid Processing Unit
        600 Dulany Street
        MDE-7B87
        Alexandria, VA 22314-5796

   Mail to be delivered by the USPS to the Office's Deputy Commissioner for
Trademark Policy regarding Letters of Protest must be mailed to:

        Letter of Protest
        ATTN: Deputy Commissioner for Trademark Policy
        600 Dulany Street
        Alexandria, VA 22314-5796

   Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:

        Director, USPTO
        ATTN: FQA
        600 Dulany Street, MDE-10A71
        Alexandria, VA 22314-5793

   Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:

        Native American Tribal Insignia
        ATTN: Commissioner for Trademarks
        600 Dulany Street
        MDE-10A71
        Alexandria, VA 22314-5793

Do NOT send any of the following via USPS certified mail or with a
"signature required" option: submissions to the Madrid Processing Unit,
Letters of Protest, applications for recordal of insignia under the
Fastener Quality Act, notifications of Native American Tribal Insignia.

   Trademark-related mail to be delivered by hand or other private courier
or delivery service (e.g., UPS, Federal Express) to the Trademark Operation,
the Trademark Trial and Appeal Board, or the Office's Madrid Processing Unit,
must be delivered to:

        Trademark Assistance Center
        Madison East, Concourse Level Room C 55
        600 Dulany Street
        Alexandria, VA 22314

Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/trademarks/mail.jsp.


           MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
                          PATENT AND TRADEMARK OFFICE

   Please address mail to be directed to a mail stop identified below to
be delivered by the United States Postal Service (USPS) as follows (unless
otherwise instructed):

        Mail Stop _____
        Director of the U.S. Patent and Trademark Office
        P.O. Box 1450
        Alexandria, VA 22313-1450

Mail Stop
Designations            Explanation

Mail Stop 3             Mail for the Office of Personnel from NFC.

Mail Stop 6             Mail for the Office of Procurement.

Mail Stop 8             All papers for the Office of the Solicitor.

Mail Stop 11            Mail for the Electronic Ordering Service (EOS).

Mail Stop 13            Mail for the Employee and Labor Relations Division.

Mail Stop 16            Mail related to refund requests, other than
                        requests for refund of a patent application
                        publication fee. Such requests should be directed
                        to Mail Stop PGPub.

Mail Stop 17            Invoices directed to the Office of Finance.

Mail Stop 24            Mail for the Inventor's Assistance Program,
                        including complaints about Invention Promoters.

Mail Stop 171           Vacancy Announcement Applications.

Mail Stop Assignment    All assignment documents, security interests,
 Recordation Services   and other documents to be recorded in the
                        Assignment records. Note that documents with
                        cover sheets that are faxed to 571-273-0140 or
                        submitted electronically (http://epas.uspto.gov)
                        are processed much more quickly than those
                        submitted by mail.

Mail Stop Document      All requests for certified or uncertified
 Services               copies of patent or trademark documents.

Mail Stop EEO           Mail for the Office of Civil Rights.

Mail Stop External      Mail for the Office of External Affairs.
 Affairs

Mail Stop Interference  Communications relating to interferences and
                        applications and patents involved in interference.

Mail Stop M             Mail to designate or change a fee
 Correspondence         address, or other correspondence related to
                        maintenance fees, except payments of
                        maintenance fees in patents. See below for
                        the address for maintenance fee payments.

Mail Stop OED           Mail for the Office of Enrollment and Discipline.


                           Maintenance Fee Payments

   Unless submitted electronically over the Internet at www.uspto.gov, or by
facsimile, payments of maintenance fees in patents should be mailed through
the United States Postal Service.

   Mailing address if paying with a check or money order:

        United States Patent and Trademark Office
        P.O. Box 979070
        St. Louis, MO 63197-9000

   Mailing address if paying by credit card or deposit account (or by hand-
delivery):

        Director of the U.S. Patent and Trademark Office
        Attn.: Maintenance Fees
        2051 Jamieson Avenue, Suite 300
        Alexandria, Virginia 22314

   Information about the Maintenance Fee Branch may also be found on the
USPTO's web site at http://www.uspto.gov/about/offices/cfo/finance/receipts_
division.jsp.

                        Deposit Account Replenishments

   To send payment to replenish deposit accounts, send the payments through
the United States Postal Service to:

        United States Patent and Trademark Office
        P.O. Box 979065
        St. Louis, MO 63197-9000

        Or

        Director of the U.S. Patent and Trademark Office
        Attn.: Deposit Accounts
        2051 Jamieson Avenue, Suite 300
        Alexandria, VA 22314

   Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier (e.g., FedEx, UPS, etc.)
may be delivered to:

        Director of the U.S. Patent and Trademark Office
        Attn.: Deposit Accounts
        2051 Jamieson Avenue, Suite 300
        Alexandria, VA 22314

   Information abount deposit account replenishments may also be found on
the USPTO's web site at
http://www.uspto.gov/about/offices/cfo/finance/Deposit_Account_
Replenishments.jsp
Top of Notices Top of Notices
Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Centers
             Reference Collections of U.S. Patents Available for
             Public Use in Patent and Trademark Resource Centers

The following libraries, designated as Patent and Trademark Resource Centers
(PTRCs), provide public access to patent and trademark information received
from the United States Patent and Trademark Office (USPTO). This
information includes all issued patents, all registered trademarks, the
Official Gazette of the U.S. Patent and Trademark Office, search tools such
as the Cassis CD-ROM suite of products and supplemental information in a
variety of formats including online, optical disc, microfilm and paper.
Each PTRC also offers access to USPTO resources on the Internet and to
PubWEST (Web based examiner search tool), a system used by patent examiners
that is not available on the Internet.

Staff assistance and training is provided in the use of this information.
All information is available free of charge. However, there may be charges
associated with the use of photocopying and related services. Hours of
service to the public vary, and anyone contemplating use of these
collections at a particular library is urged to contact that library in
advance about its services and hours to avoid inconvenience.

State                   Name of Library                  Telephone Contact

Alabama                 Auburn University Libraries         (334) 844-1737
                        Birmingham Public Library           (205) 226-3620
Alaska                  Fairbanks: Keith B. Mather Library,
                        Geophysical Institute,
                        University of Alaska, Fairbanks     (907) 474-2636
Arkansas                Little Rock: Arkansas State
                        Library                             (501) 682-2053
California              Los Angeles Public Library          (213) 228-7220
                        Riverside: University of
                        California, Riverside, Orbach
                        Science Library                     (951) 827-3316
                        Sacramento: California State
                        Library                             (916) 654-0261
                        San Diego Public Library            (619) 236-5813
                        San Francisco Public Library        (415) 557-4500
                        Sunnyvale Public Library            (408) 730-7300
Colorado                Denver Public Library               (720) 865-1711
Connecticut             Fairfield: Ryan-Matura Library
                        Sacred Heart University             (203) 371-7726
Delaware                Newark: University of Delaware
                        Library                             (302) 831-2965
Dist. of Columbia       Washington: Howard University
                        Libraries                           (202) 806-7252
Florida                 Fort Lauderdale: Broward County
                        Main Library                        (954) 357-7444
                        Miami-Dade Public Library           (305) 375-2665
                        Orlando: University of Central
                        Florida Libraries                   (407) 823-2562
Georgia                 Atlanta: Library and Information
                        Center, Georgia Institute of
                        Technology                          (404) 385-7185
Hawaii                  Honolulu: Hawaii State Library      (808) 586-3477
Illinois                Chicago Public Library              (312) 747-4450
                        Macomb:  Western Illinois
                        University Libraries                (309) 298-2722
Indiana                 Indianapolis-Marion County Public
                        Library                             (317) 269-1741
                        West Lafayette Siegesmund
                        Engineering Library,
                        Purdue University                   (765) 494-2872
Iowa                    Davenport: Davenport Public Library (563) 326-7832
Kansas                  Wichita: Ablah Library, Wichita
                        State University                  1 (800) 572-8368
Kentucky                Louisville Free Public Library      (502) 574-1611
Louisiana               Baton Rouge: Troy H. Middleton
                        Library, Louisiana State University (225) 388-8875
Maine                   Orono: Raymond H. Fogler Library,
                        University of Maine                 (207) 581-1678
Maryland                Baltimore: University of Baltimore
                        Law Library                         (410) 837-4554
                        College Park: Engineering and
                        Physical Sciences Library,
                        University of Maryland              (301) 405-9157
Massachusetts           Amherst: Physical Sciences Library,
                        University of Massachusetts         (413) 545-2765
                        Boston Public Library               (617) 536-5400
                                                                 Ext. 4256
Michigan                Ann Arbor: Art, Architecture &
                        Engineering Library,
                        University of Michigan              (734) 647-5735
                        Big Rapids: Ferris Library for
                        Information, Technology &
                        Education, Ferris State
                        University                          (231) 592-3602
                        Detroit: Public Library             (313) 481-1391
Minnesota               Hennepin County Library
                        Minneapolis Central Library         (952) 847-8000
Mississippi             Jackson: Mississippi Library
                        Commission                          (601) 961-4111
Missouri                Kansas City: Linda Hall Library     (816) 363-4600
                                                                  Ext. 724
                        St. Louis Public Library            (314) 352-2900
Montana                 Butte: Montana Tech Library of
                        the University of Montana           (406) 496-4281
Nebraska                Lincoln: Engineering Library,
                        University of Nebraska-Lincoln      (402) 472-3411
Nevada                  Reno: University of Nevada, Reno,
                        Mathewson-IGT Knowledge Center      (775) 784-6500
                                                                  Ext. 257
New Jersey              Newark Public Library               (973) 733-7779
                        Piscataway: Library of Science and
                        Medicine, Rutgers University        (732) 445-2895
New Mexico              Albuquerque: University of
                        New Mexico General Library          (505) 277-4412
New York                Albany: New York State Library      (518) 474-5355
                        Buffalo and Erie County Public
                        Library                             (716) 858-7101
                        Rochester Public Library            (716) 428-8110
                        New York: New York Public Library,
                        Science Industry & Business Library (212) 592-7000
North Carolina          Charlotte: J. Murrey Atkins
                        Library,                            (704) 687-2241
                        University of North Carolina at
                        Charlotte                           (919) 515-2935
North Dakota            Grand Forks: Chester Fritz Library,
                        University of North Dakota          (701) 777-4888
Ohio                    Akron - Summit County Public        (330) 643-9075
                        Library
                        Cincinnati and Hamilton County,
                        Public Library of                   (513) 369-6932
                        Cleveland Public Library            (216) 623-2870
                        Dayton: Paul Laurence Dunbar
                        Library, Wright State University    (937) 775-3521
                        Toledo/Lucas County Public Library  (419) 259-5209
Oklahoma                Stillwater: Oklahoma State
                        University Edmon Low Library        (405) 744-6546
Pennsylvania            Philadelphia, The Free Library of   (215) 686-5394
                        Pittsburgh, Carnegie Library of     (412) 622-3138
                        University Park: PAMS Library,
                        Pennsylvania State University       (814) 865-7617
Puerto Rico             Bayamon: Learning Resources Center,
                        University of Puerto Rico           (787) 993-0000
                                                                 Ext. 3222
                        Mayaquez General Library,
                        University of Puerto Rico           (787) 832-4040
                                                                 Ext. 2023
                        Bayamon, Learning Resources Center,
                        University of Puerto Rico           (787) 786-5225
Rhode Island            Providence Public Library           (401) 455-8027
South Carolina          Clemson University Libraries        (864) 656-3024
South Dakota            Rapid City: Devereaux Library,
                        South Dakota School of Mines and
                        Technology                          (605) 394-1275
Tennessee               Nashville: Stevenson Science and
                        Engineering Library, Vanderbilt
                        University                          (615) 322-2717
Texas                   Austin: McKinney Engineering
                        Library, University of Texas at
                        Austin                              (512) 495-4511
                        College Station: West Campus
                        Library, Texas A & M University     (979) 845-2111
                        Dallas Public Library               (214) 670-1468
                        Houston: The Fondren Library, Rice
                        University                          (713) 348-5483
                        Lubbock: Texas Tech University      (806) 742-2282
                        San Antonio Public Library          (210) 207-2500
Utah                    Salt Lake City: Marriott Library,
                        University of Utah                  (801) 581-8394
Vermont                 Burlington: Bailey/Howe Library,
                        University of Vermont               (802) 656-2542
Washington              Seattle: Engineering Library,
                        University of Washington            (206) 543-0740
West Virginia           Morgantown: Evansdale Library,
                        West Virginia University            (304) 293-4695
Wisconsin               Wendt Commons Library,
                        University of Wisconsin-Madison     (608) 262-0696
                        Milwaukee Public Library            (414) 286-3051
Wyoming                 Cheyenne: Wyoming State Library     (307) 777-7281
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Patent Technology Centers
PATENT TECHNOLOGY CENTERS
AVERAGE FILING DATE OF APPLICATIONS RECEIVING A FIRST OFFICE ACTION IN THE LAST 3 MONTHS1
Technology
Center
GAU Avg Filing Date
1600 BIOTECHNOLOGY, AND ORGANIC CHEMISTRY
  1610 01/14/2010
  1620 04/12/2010
  1630 02/14/2010
  1640 04/06/2010
  1650 12/30/2009
  1660 11/11/2010
  TOTAL 03/04/2010
     
1700 CHEMICAL AND MATERIALS ENGINEERING AND DESIGNS
  1710 08/21/2009
  1720 09/02/2009
  1730 03/04/2010
  1740 01/17/2010
  1750 09/30/2009
  1760 04/18/2010
  1770 01/14/2010
  1780 12/06/2009
  1790 08/09/2009
  TOTAL 12/18/2009
     
2100 COMPUTER ARCHITECTURE AND SOFTWARE
  2110 06/09/2009
  2120 07/22/2009
  2150 11/11/2009
  2160 12/15/2009
  2170 07/16/2009
  2180 12/15/2009
  2190 07/16/2008
  TOTAL 07/28/2009
     
2400 NETWORKING, MULTIPLEXING, CABLE AND SECURITY
  2420 02/07/2009
  2430 04/18/2009
  2440 10/21/2009
  2450 08/21/2009
  2460 04/28/2009
  2470 06/03/2009
  2480 12/18/2008
  2490 03/19/2009
  TOTAL 05/10/2009
     
2600 COMMUNICATIONS
  2610 08/30/2009
  2620 06/24/2009
  TOTAL 07/28/2009
     
2800   SEMICONDUCTORS/MEMORY, CIRCUITS/MEASURING AND TESTING, OPTICS/PHOTOCOPYING
  2810 02/07/2010
  2820 01/11/2010
  2830 12/30/2009
  2840 01/05/2010
  2850 09/30/2009
  2860 12/12/2009
  2870 12/21/2009
  2880 12/15/2009
  2890 03/25/2010
  TOTAL 12/27/2009
     
     
2900    
  2910 01/20/2011
  TOTAL 01/20/2011
     
     
3600     TRANSPORTATION, CONSTRUCTION, ELECTRONIC COMMERCE, AGRICULTURE, NATIONAL SECURITY AND LICENSE AND REVIEW
  3610 03/07/2010
  3620 09/14/2009
  3630 04/06/2010
  3640 03/16/2010
  3650 10/30/2009
  3660 09/11/2009
  3670 03/10/2010
  3680 08/15/2009
  3690 02/11/2010
  TOTAL 12/24/2009
     
3700   MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS
  3710 08/15/2009
  3720 10/21/2009
  3730 08/15/2009
  3740 05/31/2009
  3750 06/24/2009
  3760 09/24/2009
  3770 07/19/2009
  3780 08/12/2009
  TOTAL 08/12/2009
     
  1 Report last updated on 11-30-11.
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