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Comments Relating To Proposed Amendments to 37 CFR 1.78



                                    From: DLaPrairie@HowardandHoward.com
Sent: Wednesday, October 03, 2001 3:50 PM
To: AB41 Comments
Subject: Comments Relating To Proposed Amendments to 37 CFR 1.78

To The Attention Of Mr. Robert A. Clarke:

Comments Relating To Proposed Amendments to 37 CFR 1.78
Docket No.: 010815207-1207-01
RIN 0651-AB41

    I write to formally submit my endorsement for the proposed
amendments to 37 CFR 1.78, which were electronically published in the
Official Gazette Notices, dated 10/02/01, via the USPTO website, with one
exception.

    In the commentary regarding 1.78(a)(2) and (3) that precedes the
actual proposed amendments, the USPTO indicates that:

    "the Office will not require a petition (and the surcharge under
1.17(t)) to correct the claim in the information concerning the claim
contained elsewhere in the application was recognized by the Office as shown
by its inclusion on a filing receipt."

    I urge the USPTO to consider incorporating the 'intent' of the
USPTO, as indicated in the above quotation, into the actual amendments.

    Finally, I respectfully suggest that the proposed amendments to 37
CFR 1.78 be retroactive thereby abolishing the current rule and the effect
that the current rule has had on patent applications filed after November,
2000.

    If you have any questions, please do not hesitate to contact me @
(248) 723-0442.

Respectfully submitted,
David M. LaPrairie
USPTO Attorney Registration No. 46,295
Howard & Howard Attorneys, P.C.

United States Patent and Trademark Office
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