Official Gazette of the United States Patent and Trademark Office. Trademarks 1991-01-01: Vol 1122 Iss 1

823 Pages·278 MB·English

Vol. 1122 Number 1
OFFIGIAL
GAZETTE
of the
UNITED STATES PATENT AND TRADEMARK OFFICE
>
TRADEMARKS
January 1, 1991
U.S.
DEPARTMENT
DF COMMERCE
PUBLISHED WEEKLY BY AUTHORITY OF CONGRESS

OFFICIAL GAZETTE of the
UNITED STATES PATENT AND TRADEMARK OFFICE
January 1, 1991 Volume 1122 Number 1
CONTENTS
Page
Conslidated Listing of Official Gazzette Notices Re Patent and
Trademark Office Practices and Procedures 1122 TMOG
Patent and Trademark Office Notice
Patent Cooperation Treaty (PCT) Information 1122 TMOG
Status of Appeals Cases
Patent Cooperation Treaty (PCT) Update 1122 TMOG
Notice of Maintenance Fees Payable 1122 TMOG
Notice of Expiration of Patents Due to Failure to Pay Maintenance
1122 TMOG
Notification of Acceptance of Delayed Payment of Maintenance
1122 TMOG
Reissue Applications Filed ee 1122 TMOG
Requests for Reexaminations Filed
Trademark Status Line 1122 TMOG
PTO Helpful Hints
Summary of Final Decisions Issued by the Trademark
Trial and Appeal Board
Condition of Trademark Applications ....
Special Boxes for Mail
Reference Collections of U.S. Patents Available for Public Use in
Patent Depository Libraries
Condition of Patent Applications
Marks Published for Opposition
Registrations Issued
Principal Register ....
Registrations Issued Under Sec. 1(d)--
Supplemental Register
Registrations Renewed
Registrations Canceled
Peeeperesbtie Aseeed COCA C00 55.0 casas osevesccsecasercsasonsdsnsevensenstiggessndeieneetnsdecentanshonanse
Registrations-New Certificates
Index of Registrants
Change of Address Form and Subscription Order Form
The following are mailed under direction of the Superintendent of Documents, Government Printing Office,
Washington, D.C., 20402, to whom all subscriptions should be made payable and all communications addressed.
THE OFFICIAL GAZETTE (PATENT SECTION), issued weekly.
THE OFFICIAL GAZETTE (TRADEMARK SECTION), issued weekly.
GENERAL INFORMATION concerning PATENTS.
GENERAL INFORMATION concerning TRADEMARKS.
COPIES OF PATENTS are furnished by the Patent and Trademark Office at $1.50 each; PLANT PATENTS
in color, $10.00 each; copies of TRADEMARKS at $1.50 each. Address orders to the Commissioner of Patents
and Trademarks, Washington, D.C., 20231.
Printing authorized by Section 1 1(a)3 of Title 35, U.S. P.T.O.

CONSOLIDATED LISTING OF OFFICIAL GAZETTE NOTICES
RE PATENT AND TRADEMARK OFFICE
PRACTICES AND PROCEDURES
PATENT NOTICES
The following is a compilation of the more important notices Attention to these details will improve the efficiency and
and rule changes which have been published in the Official reduce the time necessary to process incoming mail.
Gazette from July 1, 1964, through December 31, 1990 These
notices and rule changes are currently in effect unless otherwise Nov. 23, 1983. THERESA A. BRELSFORD,
noted. Assistant Commissioner
for Administration.
CONTENTS [1037 OG 25]
Information and Correspondence
Records and Files (3) Mailing of Papers to the PTO in
Fees and Payment of Money .. Patent Interference Proceedings
Application Content
Examination of Applications .. Effective immediately, attorneys and agents are requested
Miscellaneous to address all papers mailed to the Patent and Trademark Office
Trademark Application Examination and in connection with an interference proceeding, and any patent
194-206 or applicationinvolved in an interference proceeding, as follows:
Trademark Post-Registration
Trademark Information and Correspondence 215-239 BOX INTERFERENCE
Trademark Publications Commissioner of. Patents and Trademarks
Trademark Miscellaneous 251-267 Washington, D.C. 20231
Index (Pages 589-592)
Use of this address will considerably assist the Board in its
INFORMATION AND CORRESPONDENCE administration of patent interference proceedings.
(1) Official Patent Office Mailing Address DONALD J. QUIGG,
Remains Washington, D.C. Nov. 28, 1983. Deputy Commissioner of
Patents and Trademarks.
The official mailing address for all communications sent to
the Patent Office remains: [1037 OG 25]
Commissioner of Patents and Trademarks
Washington, D.C. 20231 (4) Establishment of a Special Box for
Expedited Processing of Issue Fees
Any telegrams sent to the Patent Office must also bear the
above identical address. | Effective immediately, the Patent and Trademark Office has
The physical location of the Patent Office is 2021 Jefferson established a special box designator for issue fees to allow
Davis Highway, Arlington, Virginia. This address must not be expedited processing of the Issue Fee Transmittal (PTOL Form
used when addressing mail to the Patent Office. 85), and the order for advance copies.
No reference to Crystal Plaza, Virginia, should be made in In order to take advantage of this new service, the envelope
the address of any communication intended for delivery to the should be addressed:
Patent Office by the Post Office Department or Western Union.
Compliance with this instruction will help prevent any un- Box Issue Fees
necessary delay of mail, telegrams, etc. Commissioner of Patents and Trademarks
Washington, D.C 20231
C. A. KALK,
Feb. 20, 1969. Director of Administration. Only the Issue Fee Transmittal (PTOL Form 85), advance
copy orders and the fees associated with these two services are
(Office name change per Public Law 93-596, Jan. 2, 1975) to be placed in the envelope. Including documents other than
those specified will delay their reaching the area for which they
[860 O.G. 662] were intended.
PLEASE USE THE NEW ISSUE FEE BOX.
(2) Group Number on all Communications Going
to the Examining Groups THERESA A. BRELSFORD,
Mar. 4, 1988 Assistant Commissioner
Applicants and their attorneys or agents are reminded that for Administration.
the Group number should be typed on amendments and other
communications relating to matters handled in the examining [1088 OG 41]
groups in order to expedite the processing of mail. The number
of the Group should be placed on right-hand side, opposite the
serial number or name of the applicant. (5) Establishment of Three Special Boxes
This reminder does not apply to notices and reasons of appeal for Expedited Processing —
to the United States Court of Appeals for the Federal Circuit.
The Patent and Trademark Office has established three
These communications should be sent to the Solicitor at the additional special boxes to allow expedited processing of non-
address below: fee amendments to patent applications, petitions for filing date
and/or serial number information for patent applications, and
Solicitor issue fees.
Box 8 In order to take advantage of these new expedited services,
U.S. Patent and Trademark Office the envelope must be addressed:
Washington, D.C. 20231 For non-fee amendments to patent applications:
1122 TMOG 3
1122 TMOG 4 OFFICIAL GAZETTE
JANUARY 1, 1991
(6)
Box Non-Fee Amendments (Pats) If the above suggestions are adopted the processing of both
Commissioner of Patents and Trademarks new and allowed applications could proceed more efficiently
Washington, D.C. 20231 and promptly through the Patent Office.
For petitions under 37 CFR 1.182 and associated fees for RICHARD A. WAHL,
obtaining filing date and/or serial number information for Mar. 5, 1971. Assistant Commissioner.
patent applications prior to receipt of the official “Filing
Receipt”, “Notice to File Missing Parts”, or “Notice of [885 O.G. 2]
Incomplete Application”.
(7) Identifying Application Correspondence
Box SN
Commissioner of Patents and Trademarks With Issue Batch Number
Washington, D.C. 20231
Applicants or their attorney or agent can facilitate matching
incoming papers with the corresponding application file by
For Issue Fee Transmittals (PTOL Form 85) and associated
fees and corrected drawings: indicating the Issue Batch Number on all papers filed in the
Office after receiving the Notice of Allowance and before the
time the Issue Fee Receipt is received.
Box Issue Fees The Issue Batch Number is printed on the Notice of Allow-
Commissioner of Patents and Trademarks ance form in Box 4 in the iower left-hand corner below the
Washington, D.C. 20231 address. The Issue Batch Number consists of a capital letter
followed by two digits, for example; “A03,” “D18,” “F42,”
Only those documents specified for the special box are to “J79.” Any lower case letters before the Issue Batch Number
be placed in the envelope addressed to that special box. Placing should be ignored since they are the typist’s initials. Use of the
extraneous documents in an envelope marked for any special Issue Batch Numbers is important since the allowed applications
box will significantly delay their reaching the area for which are filed by these numbers.
they were intended. Any paper filed after receiving the Issue Fee Receipt should
include the indicated patent number rather than the Issue Batch
THERESA A.BRELSFORD, Number. At this time in the processing, the Issue Batch Number
Mar. 22, 1988. Assistant Commissioner is no longer useful since the application has been removed from
for Administration. the batch at the time the patent number was assigned.
[1089 OG 45] RICHARD J. SHAKMAN,
Jan. 16, 1976. Assistant Commissioner
for Administration.
(6) Identification for Application Correspondence
[943 0.G. 519]
The Office is continuing to experience difficulty in matching
incoming papers with the corresponding application files. This
applies especially to responses to Office Actions, powers of
attorney, changes of address, status letters, requests for exten- (8) Post Card Receipt Reminder
sions of time, and petitions.
A very necessary part of a complete identification of a Applicants and the agents are reminded of the provision in
pending application is the three-digit Group or Art Unit number, Section 717.01(a) (now Section 503) of the Manual of Patent
e.g., 110 or 111. Frequently, the Group or Art Unit number is Examining Procedure relating to the use of post cards as
entirely omitted, or there are errors in this number. In the latter “receipts” of papers filed in the Patent Office.
situation the error often occurs as a result of the case having If a receipt for any paper filed in the Patent Office is desired,
been reassigned within the Office, and the communication is it may be had by enclosing with the paper a self-addressed post
directed to an Examining Group other than that indicated in the card identifying the paper. The Patent Office will stamp the
most recent Office Action. receipt date on the card and place it in the outgoing mail.
Where the Group Art Unit number is entirely omitted, the The identifying data on the card should be so complete as
routine operations of the Application Branch must be interrupted to match the paper with the application or other document to
solely for the purpose of determining the location of the which it is to be associated. For example, the document should
application so that the communication can be properly routed. be identified by the applicant’s name(s), Serial No., filing date,
Under these circumstances the efficiency of the Application appeal number, interference number, etc., and the paper should
Branch is impaired and the incoming paper is delayed in be identified by specifying the type thereof, viz, affidavit,
reaching its proper destination. Where such papers are not amendment, appeal, application papers, brief, drawings, fees,
essential to compliance with a statutory period or time limit for motions, supplemental oath or declaration, petition, etc.
response, they may be returned for completion to identify the When papers for more than one document are filed under
location of the files. a single cover a return post card should be attached to the paper
To assist the Office in expediting its business, it is requested for each document for which a receipt is desired.
that ALL papers relating to a pending application include the
following information: RICHARD A. WAHL,
Nov. 21, 1968. Assistant Commissioner.
1. Serial number (checked for accuracy),
2. Group Art Unit number (copied from filing receipt or most [857 O.G. 667]
recent Office Action),
3. Filing date,
4. Name of the Examiner who prepared the most recent Office (9) Acknowledgement of Receipt of a Patent
Action. or Trademark Application
5. Title of the invention.
When early notification of the serial number of newly filed
To further reduce the burden on Application Branch and the application papers is desired, a stamped, self-adressed post card
Examining Groups, it is also requested that the submission of should be submitted with each application. Immediately after
additional or supplemental! papers on a newly filed application the mail has been opened in the Patent and Trademark Office,
be deferred until a filing receipt has been received. In the same the post card will be stamped with both the receipt date and
vein, it would be appreciated if the filing of additional papers, the serial number, and then returned to the addressee.
relating to an allowed application were deferred until a notice Within recent months, hundreds of cards could not be
of allowance (POL-85) was received. successfully returned because of insufficient postage or incom-
U.S. PATENT AND TRADEMARK OFFICE 1122 TMOG 5
JANUARY 1, 1991
(10)
plete or nonexistent forwarding addresses. Accurate and date. Accordingly, a status inquiry is not in order after response
complete addresses, including ZIP codes, are necessary to by the attorney until five or six months have elapsed with no
ensure prompt acknowledgement of the receipt of patent and response from the Patent Office. A post card receipt for re-
trademark applications. sponses to Office actions, adequately and specifically identi-
To assist in easy identification once the post card has been fying the papers filed, will be considered prima facie proof of
returned, it is suggested that the post card include applicant’s receipt of such papers. Where such proof indicates the timely
names and title of invention. filing of a response, the submission of a copy of the post card
When more than one set of application papers is filed under with a copy of the response will ordinarily obviate the need for
one cover, a return post card should be attached to each set of a petition to revive. Proof of receipt of a timely response to a
papers for which a receipt is desired. final action will obviate the need for a petition to revive only
if the response was in compliance with Rule 113.
THERESA A. BRELSFORD,
July 19, 1982. Acting Assistant Commissioner In General
for Administration.
It is expected that this new policy will result in sharply
[1021 O.G. 96] reducing the number of status inquiries and permit the time now
spent on them to be used in increasing Patent Office efficiency
in other more essential areas.
(10) Inclusion of Preliminary
Such status inquiries as may-be still necessary may be more
Classification on Filing Receipts
expeditiously processed by the Patent Office if each inquiry
In response to a request from a patent attorney, we will print includes the application Serial Number, filing date, name of the
the preliminary classification assigned to an application on the applicant, name of the Examiner who prepared the most recent
filing receipt. It will show the class only and will be labeled Office action, and Group Art Unit (taken from the most recent
“PRELIMINARY CLASS:”. The new field will appear on the Office communication) in addition to the last known status of
filing receipt shortly. We will not accept requests to correct the the application, and is accompanied by a stamped return-
filing receipt for errors in or changes to the preliminary class. addressed envelope. Telephone inquiries regarding the status
of applications should be directed to the group clerical personnel
THERESA A. BRELSFORD, and not to the examiners. Inasmuch as the official records and
Feb. 18, 1987. Assistant Commissioner applications are located in the clerical section of the Examining
for Administration. Groups, the clerical personnel can readily provide status infor-
mation without consulting the examiners.
[1076 OG 25] Status replies will be made by the Patent Office clerical
support force and will only indicate whether the application is
awaiting action by the Examiner or the applicant’s response to
(11) Status Inquiries an Office action. In the latter instance the mailing date of the
Office action will also be given.
In an effort to sharply reduce the volume and need for status The Notices of Dec. 5, 1969 (869 O.G. 1031) and Sept. 22,
inquiries, the past policy that diligence must be established by 1965 (819 O.G. 444) are hereby superseded.
making timely status requests in connection with petitions to
revive is hereby discontinued. RICHARD A. WAHL,
When an application has been abandoned for an excessive Nov. 24, 1971. Assistant Commissioner
period before the filing of a petition to revive, an appropriate of Patents.
terminal disclaimer may be required. It should also berecognized
that a petition to revive must be accompanied by the proposed [893 O.G. 810]
response unless it has been previously filed (Rule 137). Also,
under Rule 113, “Response to a final rejection or action must
include cancellation of, or appeal from the rejection of, each (12) HANDLING OF STATUS INQUIRIES
claim so rejected and, if any claim stands allowed, compliance
with any requirement or objection as to form.” This notice is intended to supplement the discussion set forth
in the Official Gazette Notice published at 893 Official Gazette
New Applications 810 entitled “Status Inquires” (Dec. 21, 1971).
It has come to the attention of the Patent and Trademark Office
Current examining procedures now provide for the routine (PTO) that its employees may have improperly released con-
mailing from the Examining Groups of Form POL-327 in every fidential information concerning pending applications. Specifi-
case of allowance of an application except where an Examiner’s cally, issue date and patent number information assigned to
Amendment is promptly mailed. Thus, the separate mailing of pending applications may have been improperly released.
a Form POL-327 or an Examiner’s Amendment in addition to No information concerning pending or abandoned patent
a formal Notice of Allowance (POL-85) in all allowed cases applications (except reissue applications and reexamination
would seem to obviate the need for status inquiries even as a proceedings) may be given to the public by the PTO without
precautionary measure where the applicant may believe his new the authorization of the applicant or the assignee or attorney
application may have been passed to issue on the first exami- or agent of record. 35 USC § 122 and 37 CFR § 1.14. Other
nation. However, as an exception, a status inquiry would be exceptions are specified at 37 CFR § 1.14.
appropriate where a Notice of Allowance is not received within However, PTO employees will release information on the
three months from receipt of either a Form POL-327 or an status of patent applications to the applicant or assignee or
Examiner’s Amendment. attorney or agent of record if the identity of the requestor can
Current examining procedures also aim to minimize the be adequately verified as set forth below.
spread in dates among the various examiner dockets of each Telephonic status inquiries should continue tobe directed to
Art Unit and Group with respect to actions on new applications. the PTO clerical personnel. The PTO clerical personnel will
Accordingly, the dates of the “oldest new applications” obtain the caller’s full name, the application serial number and
appearing in the Official Gazette are fairly reliable guides as the caller’s telephone number. The PTO clerical personnel
to the expected time frames of when the Examiners reach the will ask the caller if there is an attorney or agent of record.
cases for action. If there is an attorney or agent of record, the PTO clerical
Therefore, it should be rarely necessary to query the status personnel will ask for his/her registration number. If the reg-
of a new application. istration number is not known, the PTO clerical personnel will
ask for the name of the attorney or agent of record. The PTO
Amended Applications clerical personnel will inform the caller that an attorney or agent
of record will be called after verification of his/her identity and
Amended cases are expected to be taken up by the examiner that the requested status information concerning the application
aid an action completed within two months of the amendment will be released to that attorney or agent.
1122 TMOG 6 OFFICIAL GAZETTE JANUARY 1, 1991
(13)
If there is no attorney or agent of record, the PTO clerical The degree of care exercised in adhering to the foregoing
personnel will ask the caller why he/she is entitled to information requirement for notification of change of address in each
concerning the application. If the caller identifies himself/herself concerned application will be a factor for consideration in
as an applicant or an authorized representative of the assignee deciding petitions filed under 37 CFR 1.137 to revive applica-
of record, the PTO clerical personnel will ask for the correspon- tions which have become abandoned because of a failure to
dence address of record. Then, the PTO clerical personnel will timely receive an Office action addressed to the old address.
inform caller that his/her association with the application must In such instances, the showing of the cause of unavoidable delay
be verified before any information concerning the application must include an adequate showing that a timely notification of
can be released, and that he/she will be called back. If the caller the change of address was filed in the concerned application,
indicates that he/she is not an applicant or an authorized rep- in a manner reasonably calculated to call attention to the fact
resentative of the assignee of record, the PTO clerical personnel that it was a change of address. If no such notification was made,
will inform caller that no information concerning that applica- or was made belatedly, the showing must include an adequate
tion will be released. explanation of that failure or delay. A showing that notification
The PTO clerical personnel will then verify the identity of was made on a paper filed in the Patent and Trademark Office
any caller claiming to be associated with the application by listing plural applications as being affected will not be consid-
checking the Patent Application Locating and Monitoring ered a proper notification.
(PALM) system or the application file.
If an attorney or agent is of record in the application, the PTO May 28, 1975. WILLIAM FELDMAN,
clerical personnel will release the status information concerning Deputy Assistant Commissioner
the application by calling the attorney’s or agent’s telephone for Patents.
number obtained from PALM or the application file.
If the applicant or an authorized representative of the assignee [935 O.G. 1352]
of record requests information, and there is no attorney or
agent of record and the correspondence of record has been
verified, the PTO clerical personnel will release the status (14) Express Mail
information to the caller using the teleophone number given
by the caller. If the caller’s association with the application This notice is in response to a number of inquiries received
connot be verified, no information concerning the application in the Patent and Trademark Office regarding the notice on
will be released. However, the caller should be informed Express Mail of February 11, 1975, published in the Official
that the caller’s association with the application could not be Gazette of March 11, 1975 (932 O.G. 340).
verified. There are two types of Express Mail delivery offered by the
In handling an in-person status request, PTO clerical person- U.S. Postal Service—’Post Office to Addressee” and “Post
nel will ask the requester to wait while verifying their identi- Office to Post Office.” The only type of service which can be
fication as set forth above. used for Express Mail directed to the Patent and Trademark
Office is “Post Office to Addressee.” This service provides for
May 14, 1990 HARRY F. MANBECK, Jr. delivery to one of our employees in Room 1627, Department
Assistant Secretary and Commissioner of Commerce Building, Washington, D.C., no later than 3:00
of Pat2nts and Trademarks p.m. of the next workday following its deposit before 5:00 p.m.
at any postal facility with an Express Mail window.
{1115 O.G. 17] The only address that should be used for Express Mail sent
to the Patent and Trademark Office is:
(13) Change of Address “Commissioner of Patents and Trademarks
Washington, D.C. 20231.”
There recently has been an increased incidence in the number
of applications suffering from disruptions in communications “Post Office to Post Office” Express Mail does not provide
stemming from failure to notify the Patent and Trademark Office for delivery but instead is retained at the postal facility of the
of a change of address on the part of applicant’s representative addressee for pickup. The Postal Service does not notify the
(attorney or agent of record) in each application wherein he holds addressee that this type of Express Mail has been received and
an active power of attorney. Applications have become aban- is awaiting pickup. If not picked up, this mail is held for 15
doned as a result of an Office action being mailed to the old, days and then returned to the sender.
uncorrected address and thereby failing to reach the represen- Therefore, since the Patent and Trademark Office does not
tative at his new address sufficiently early to permit him to file have resources for picking up any mail, including Express Mail,
a timely response. Accordingly, the requirement set out below the “Post Office to Post Office” Express Mail will not reach
is published as a reminder and is designed to ameliorate this the Patent and Trademark Office.
problem.
Where an attorney or agent of record (or applicant, if he is WILLIAM I. MERKIN,
prosecuting his application pro se) changes his correspondence May 15, 1975. Acting Assistant Commissioner
address, he is responsible for promptly notifying the Patent and for Administration.
Trademark Office of his new correspondence address (including
ZIP code number). A separate notification must be filed in each [936 O.G. 1554]
application for which he is intended to receive communications
from the Office. The notification should also include his tele-
phone number. (15) Certificate of Mailing Procedures
While the notification need take no particular form, it should
be provided in a manner calling attention to the fact that a change On November 1, 1976, the Patent and Trademark Office
of address is being made. Thus, the mere inclusion, in a paper instituted the Certificate of Mailing Procedure by promulgating
being filed for another purpose, of an address different from 37 CFR 1.8 in an attempt to reduce the number of problems
the previously provided correspondence address, without resulting from late receipt of responses due to mail delays. This
mention of the fact that an address change is being made, would notice was published in the Official Gazette on October 26, 1976
not ordinarily be recognized or deemed as instructions to change (951 O.G. 1342 and TM 210). Guidelines relative to this
the address on the file record. procedure were published in the Official Gazette on November
It is emphasized that the above-delineated responsibility is 16, 1976 (952 O.G. 918 and TM 174).
additional to the separate obligation (see 37 CFR 1.347) of a Although the new procedure has gained wide acceptance,
registered attorney or agent to notify the Attorney’s Roster of it has not been entirely without problems. One major problem
any change of his address for entry on the register, which must involves the correlation of the certification with the appropriate
be done in a letter separate from any notice or change of address papers when presented on a separate sheet. In order to curtail
filed in individual applications. That obligation continues this problem and other minor ones, the guidelines published on
without change. November 16, 1976, are superseded by the following guidelines.
JANUARY 1, 1991 U.S. PATENT AND TRADEMARK OFFICE 1122 TMOG 7
(16)
They are applicable to responses in both patent and trademark application and is, therefore, excluded from the Certificate of
matters, as permitted by 37 CFR 1.8. Mailing Procedure.
Guidelines C. MARSHALL DANN,
Aug. 30, 1977. Commissioner of Patents
A) The certification requires a signature. Specifically, if the and Trademarks.
certification appears on a paper that requires a signature, two
signatures are required, one for the paper and one for the [962 O.G. 20]
certification. Although not specifically required by 37 CFR 1.8,
it is preferred that the certificate be signed by the applicant,
assignee, or registered practitioner. (16) Change in Legal Holidays
B) When possible, the certification should appear on a portion
of the paper being submitted. However, if there is insufficient The Commissioner’s Notice of Sept. 25, 1979, “Change in
space to make the certification on the same paper, such as in Legal Holidays,” is hereby rescinded, in view of Public Law
the case of the patent issue fee transmittal form PTO-85, the 98-144, enacted Nov. 2, 1983, which amended the listing of
certification should be on a separate sheet securely attached to legal public holidays in 5 USC § 6103. That amendment took
the paper. effect in 1986 and added a new legal holiday relating to the
C) When the certification is presented on a separate sheet, birthday of Martin Luther King, Jr. This new holiday is des-
the sheet must (1) be signed and (2) fully identify and be securely ignated for the third Mon. in Jan.
attached to the paper it accompanies. The required identification
should include the serial number and filing date of the appli- Section 6103, as amended, reads as follows:
cation as well as the type of paper being filed, e.g., responses
to rejection or refusal, Notice of Appeal, etc. An unsigned New Year’s Day, Jan. 1.
certification will not be considered acceptable. Birthday of Martin Luther King, Jr., the third
Moreover, without the proper identifying data, a certification Mon. in Jan.
presented on a separate sheet will not be considered acceptable Washington’s Birthday, the third Mon. in Feb.
if there is any question or doubt concerning the connection Memorial Day, the last Mon. in May.
between the sheet and the paper filed. Independence Day, July 4.
If the sheet should become detached from the paper and Labor Day, the first Mon. in Sept.
thereafter not associated with the appropriate file, evidence that Columbus Day, the second Mon. in Oct.
this sheet was received in the Office can be supported by Veterans Day, Nov. 11.
submitting a copy of a post card receipt specifically identifying Thanksgiving Day, the fourth Thurs. in Nov.
this sheet and the paper and by submitting a copy of the sheet Christmas Day, Dec. 25.
as originally mailed. Attention is directed to the notice of
November 21, 1968 published in the Official Gazette (857 O.G. Each of the holidays enumerated will constitute a “Federal
667) relative to the use of post cards as receipts. holiday within the District of Columbia,” as referred to in
D) In situations wherein the correspondence includes papers Section 21, Title 35, United States Code. In accordance with
for more than one application (e.g., a single envelope containing 37 CFR 1.6(a) and 1.10(a), the Patent and Trademark Office
separate papers responding to Office actions in different will not receive papers on these holidays. Actions required to
applications) or papers for various parts of the Office (e.g., a be taken on such days may be taken on the next succeeding
patent issue fee transmittal form PTO-85 and an assignment), day that the Office is open for business in accordance with 37
each paper must have its own certification as a part thereof or CFR 1.7.
attached thereto.
E) In situations wherein the correspondence includes several DONALD J. QUIGG,
papers directed to the same application (e.g., a proposed re- July 15, 1986. Assistant Secretary and
sponse under 37 CFR 1.116 and a Notice of Appeal), each paper Commissioner of Patents
should have its own certification as a part thereof or attached and Trademarks.
thereto.
[1069 OG 12)
Use of Stamped Certification
(17) Closing of Patent and Trademark Office
Some practitioners are placing the certification language on
on Monday, Jan. 26, 1987
the first page of a paper with an inked stamp. Such a practice
is encouraged because the certification is not only readily visible
In view of the official closing of the Federal and District of
but also forms an integral part of the paper. An example of a
Columbia government offices in the Washington, D.C. metro-
preferred stamp is:
politan area, including the Patent and Trademark Office, on Jan.
26, 1987, the Patent and Trademark Office will consider Jan.
I hereby certify that this correspondence is being 26, 1987, a “federal holiday within the District of Columbia”
deposited with the United States Postal Service as first under 35 U.S.C. § 21. Any action or fee due that day will be
class mail in an envelope addressed to: Commissioner considered as timely for the purpose of, e.g., 35 U.S.C. §§119,
of Patents and Trademarks, Washington, D.C. 20231, 133 and 151, if the action is taken, or fee paid, on Jan. 27, 1987.
ee ee eee ee
(Date of Deposit) DONALD W. PETERSON,
Jan. 28, 1987. Acting Assistant Secretary
Name of applicant, assignee, or and Commissioner of Patents
Registered Representative and Trademarks.
Signature [1075 OG 29]
Date of Signature
(18) Closing of Patent and Trademark Office
Interpretations on Monday, Feb. 23, 1987
The phrase “prior to expiration of the set period” in 37 CFR In view of the official closing of the Federal and District of
1.8(a) includes the last day of the set period, which last day may Columbia government offices in the Washington, D.C. metro-
be the “next succeeding secular or business day” as set out politan area, including the Patent and Trademark Office, on Feb.
in 35 U.S.C. 21. Also, the filing of a 37 CFR 3.54 form to effect 23, 1987, the Patent and Trademark Office will consider Feb.
a filing under 37 CFR 1.60 is considered the filing of an 23, 1987, a “federal holiday within the District of Columbia”
1122 TMOG 8 OFFICIAL GAZETTE JANUARY 1, 1991
(19)
under 35 U.S.C. § 21. Any action or fee due that day will be sion of formal drawings in a patent application. Since correc-
considered as timely for the purposes of, e.g., 35 U.S.C. §§ tions are the responsibility of the applicant, the original
119, 133 and 151, if the action is taken, or fee paid, on Feb. drawing(s) should be retained by the applicant for future
24, 1987. correction, if necessary.
As a result of adoption of these new rules relating to drawings,
DONALD J. QUIGG, the Patent and Trademark Office will no longer release to
Feb. 27, 1987. Assistant Secretary and applicants, bonded drafting companies or others, drawings from
Commissioner of Patents patent applications filed after January 1, 1989, and after January
and Trademarks. 1, 1991, no drawings may be borrowed from the office.
Access to applications is still provided with the proper power
[1098 OG 548] to inspect. If copies of any papers or drawings within the ap-
plication are required, arrangements may be made through the
File Information Unit and copies may be made in the Public
(19) Closing of the Patent and Trademark Office Search Room. If there is some extraordinary situation that re-
on Friday, Jan. 20, 1989 quires release of an original drawing in possession of the office,
relief may be requested by filing a petition under 37 CFR 1.183.
In view of the fact that Federal and District of Columbia
government offices in Washington, D.C. metropolitan area,
including the Patent and Trademark Office were officially July 7, 1989 Theresa A. Brelsford
closed on Jan. 20, 1989, the Patent and Trademark Office Assistant Commissioner
will consider Jan. 20, 1989, a “holiday within the District for Administration
of Columbia” under 35 U.S.C. § 21. Any action or fee
due that day will be considered as timely for the purposes [1105 OG 68]
of e.g. 35 U.S.C. §§ 119, 133 and 151, if the action is
taken, or fee paid, on Jan. 23, 1989. Papers deposited in
U.S. Department of Commerce District Offices on Jan. 20, (22) Listing of Commercial Bonded Draftsmen
1989, will similarly be considered timely for the purposes
of 35 U.S.C. §§ 119, 133 and 151. The following listing of bonded draftsmen supersedes the
listing published on Sept. 24, 1985 at 1058 O.G. 27.
Jan. 6, 1989 DONALD J. QUIGG,
Assistant Secretary and Robert MacCollum
Commissioner of Patents Patent Drafting Services
and Trademarks. 13108 Engelwood Dr.
Silver Spring, Md. 20904
[ 1098 OG 548] [phone]
Suzanne Nahmias
(20) Filing of Papers During Unscheduled Closings P.O. Box 2413
of the Patent and Trademark Office Gatithersburg, Md. 20879
[phone]
When the Patent and Trademark Office is officially closed
by Executive Order of the President or by the Office of Personnel Edward J. Oliver
Management for an entire day because of some unscheduled Oliver Patent Drafting Service
event, such as adverse weather conditions, the Patent and 1205 Darlington St.
Trademark Office will consider that day as a “federal holiday Forestville, Md. 20747
within the District of Columbia” under 35 U.S.C. § 21. Any [phone]
action or fee due that day will be considered as timely for the
purposes of, e.g., 35 U.S.C. §§ 119, 133 and 151, if the action Quinn Patent Drawing Services
is taken, or fee paid, on the next succeeding business day on P. O. Box 1435
which the Patent and Trademark Office is open. Alexandria, Va. 22313
When the Patent and Trademark Office is open for business [phone]
during any part of a business day between 8:30 a.m. and 5:00
p.m., papers are due on that day even though the Office may Ellsworth G. Jackson
be officially closed for some period of time during the business 101 Rittenhouse St. N. E.
day because of an unscheduled event. The procedures of 37 CFR Washington D.C. 20011
1.8 or 1.10 may be used, as appropriate, for the filing of papers. [phone]
On any day the Office is open for at least part of the day, papers
may also be deposited up to midnight in any boxes which are Mil-R Productions
provided by the Patent and Trademark Office under 37 CFR 3110 Mt. Vernon Ave.
1.6(c). Suite 1000
Information regarding whether or not the Office is officially Alexandria, Va. 22305
closed on any particular day may be obtained by calling (703)- [phone]
557-INFO.
Fleit, Jacobson, Cohn, Price,
DONALD J. QUIGG, Holman & Stern
Nov. 18, 1988 Assistant Secretary and Jennifer Bldg.
Commissioner of Patents 400 7th St. NW
and Trademarks Washington, D. C. 20004
[1097 OG 53] [phone]
Patent Reproduction Co.
(21) Drawings in Patent Applications Filed 26 N St., SE.
After January 1, 1989 Washington, D.C. 20003
[phone]
The general rule applicable to release of any paper in a patent
application file is that no paper (including a drawing) will be Anthony L. Costantino
returned for any purpose whatever. 37 CFR 1.59. New rules 17300 Lafayette Dr.
published in the Official Gazette (1097 OG 36 (December 13, Olney, Md. 20832
1988)) effective January 1, 1989, no longer require the submis- [phone]