Comments on Question 3

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QUESTION 03:
     If the entire application is not published, what information
     concerning the application should be published in the Gazette of
     Patent Application Notices?

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FROM RESPONDENT 001:
     
     NAME:               David E. Craword, Jr. (Reg No. 38,118)
     COMPANY:            ROGERS, HOWELL & HAFERKAMP
                         COUNSELLORS AT LAW
     ADDR-1:             PIERRE LACLEDE CENTER, SUITE 1400
                         7733 F0RSYTH BOULEVARD
     CITY, STATE ZIP:    ST.LOUIS, MISS0URI 63105-1817
     TELEPHONE:          (314) 727-5188
     FAX:
     REPRESENT:          unclear
     

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COMMENT ON QUESTION 03:
     -------
     001-Q03.TXT
     The entire application as amended up to some specified date, e.g. the
     fifteenth month, should be published. Other alternatives are
     unacceptable. Instituting a paperless data storage and retrieval
     system for storing and accessing the publication data would eliminate
     the majority of the PTO concerns regarding storage space. In
     addition, a paperless system would aid patent practitioners and
     examiners in making thorough searches of the patent application
     data after publication.

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FROM RESPONDENT 026:
     NAME: Louis Maassel 
     COMPANY: World Intellectual Property Organization, Geneva, Switzerland 
     ADDR-1: 12716 Buckingham Drive 
     CITY, STATE ZIP: Bowie, Maryland 20715
     TELEPHONE: 301) 464-4306
     FAX: 
     REPRESENT: self
     

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COMMENT ON QUESTION 03:
     I have no comment on this item since it would appear to be fee related since the more that is published, it can be assumed the higher any publication fee will be set. To my knowledge, the items publ     ished by the PCT Gazette has not raised any concern. The content of the PCT Gazette is set forth in PCT Rule 86.

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FROM RESPONDENT 041:
     NAME: Frederick S. Burkhart 
     COMPANY: INTELLECTUAL PROPERTY LAW SECTION
       OF THE. STATE. BAR OF MICHIGAN 
     ADDR-1: 306 TOWNSEND STREET 
     CITY, STATE ZIP: LANSING, MICHIGAN 48933
     TELEPHONE: 517-372-9030
     FAX: 
     REPRESENT: association
     

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COMMENT ON QUESTION 03:
     This Committee has no opinion regarding the content of an abbreviated publication because only a full publication is considered acceptable. 

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FROM RESPONDENT 019:
     NAME:	Wilmot H. McCutchen, President
     COMPANY:	HOUSTON INVENTORS ASSOCIATION 
     ADDR-1:	
     CITY, STATE ZIP:	HOUSTON, TEXAS
     TELEPHONE:	(713) 957 4344
     FAX:	(713) 868-4104
     REPRESENT:	COMPANY
     

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COMMENT ON QUESTION 03:
     -------
     019-Q03.TXT
     	No information amounting to a substantial disclosure of the
     teachings of the intention should b~ permitted. According to 35 USC
     122 the file must be kept confidential and not disclosed without the
     consent of the applicant. 	There should be no publication in the
     present Gazette or any new fat weekly volume. After spending so much
     money on creating a functional computer system, the PT0 should be
     ready to move out of exclusive reliance on broadside paper
     publications. Publications should be by particular copies addressed
     to particular interested third parties, either by paper copy or ail.
     These third parties should pay for those copies and thus cover the
     cost of publication. Subscriptions should b~ made available by
     subclass BO that interested third parties would be immediately mailed
     a copy of each new publication. Revenues from this database-e could
     be significant. 	The information in the publication would be that
     in Appendix "A" hereto: information on how to contact the inventor' 5
     representative, the title of the- invention, the field of search
     (provided by the examiner), and a summary provided by the applicant
     for publication, It would then b~ up to the interested third party to
     contact the applicant and arrange for further disclosure. The
     notice should be just that -- a notice-, with how to get further
     information. 	Publication should not include a picture or the
     abstract, because these may b~ enough to teach others how to
     practice the invention. This would violate 35 USC 122. 	Publication
     should not include claims. when the PT0 tried the TVPP program, 10%
     of the issued patents (i.e. with claims in allowable condition) were
     protested. The publication of unexamined w$11 be an even greater
     stimulus to protests, and will also chill innovation as prior art.
     
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FROM RESPONDENT 010:
     NAME:	Scott Weide 
     COMPANY:	QUIRK & TRATOS 
     ADDR-1:	550 E. CHARLESTON BLVD. . SUITE D 
     CITY, STATE ZIP:	LAS VEGAS NEVADA 89104
     TELEPHONE:	(702) 386-1778
     FAX:	
     REPRESENT:	firm
     

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COMMENT ON QUESTION 03:
     -------
     010-Q03.TXT
     The application should be printed in a form similar to what the
     Gazette provides for: an amount of information which allows a reader
     to identify which applications he or she may wish to further
     investigate. We suggest that an abstract and possibly one
     representative claim be published, with the remainder of the
     application available for inspection.  

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FROM RESPONDENT 029:
     NAME:	Marcia H. Sundeen
     COMPANY:	PENNIE & EDMONDS 
     ADDR-1:	1701 Pennsylvania Avenue, N.W.
     CITY, STATE ZIP:	Washington, D.C. 20006-4706
     TELEPHONE:	(202) 393-0177
     FAX:	(202) 393 0462
     REPRESENT:	PTO Relations Committee
     

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COMMENT ON QUESTION 03:
     -------
     029-Q03.TXT
     If the entire application is not published, the minimum information
     that should be included would be the title of the invention, the name
     of the inventors, the application number and filing date, the
     broadest claim, a drawing, an abstract of the invention and, if
     applicable, the assignee's name and an identification of other
     application(s) which are relied upon for priority. 

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FROM RESPONDENT 033:
     NAME:	TOM EASTEP
     COMPANY:	THE ALLIANCE FOR AMERICAN INNOVATION 
     ADDR-1:	1100 Connecticut Ave. NW, Suite 1200
     CITY, STATE ZIP:	Washington, D.C 20036-4101
     TELEPHONE:	202-293-1414
     FAX:	202-467-5591
     REPRESENT:	ALLIANCE FOR AMERICAN INNOVATION
     

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COMMENT ON QUESTION 03:
     -------
     033-Q03.TXT
     INFORMATION TO BE PUBLISHED MAY INCLUDE THE FILING DATE, BUT NOT MORE
     THAN THE ABSTRACT.

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FROM RESPONDENT 008:
     NAME: Gabriel P. Katona
     COMPANY: 	Schweitzer Cornman & Gross
     		Attorneys at Law
     ADDR-1:	230 Park Avenue
     CITY, STATE ZIP:	New York, New York 10169-0059
     TELEPHONE: (212) 986-3377
     FAX: (212) 986-6126
     REPRESENT: unclear
     

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COMMENT ON QUESTION 03:
     -------
     008-Q03.TXT
     A very abbreviated abstract, even a very descriptive long subtitle,
     of what the invention seeks to accomplish and how it intends to do
     it, should accompany the bibliographic details in the publication
     This should either be located in a separate section of each issue of
     the OG or, if it would make it too voluminous, then in a separate
     biweekly or monthly supplement to the patent OG.

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FROM RESPONDENT 004:
     NAME:     Michael H. Minns
     COMPANY:  INGERSOLL-RAND COMPANY
               Patent Department
     ADDR-1:   942 Memorial Parkway
     CITY, STATE ZIP:    Phillipsburg, NJ 08865
     TELEPHONE:     (908)859-7700
     FAX: (908) 859-7707
     REPRESENT:     self
     

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COMMENT ON QUESTION 03:
     -------
     004-Q03.TXT
     The entire application should be published including amendments
     specifically designated for publication with a Gazette publication
     similar to the current Official Gazette publication.

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FROM RESPONDENT 025:
     NAME:	Yukiji Kobayashi, President
     COMPANY:	Japan Intellectual Property Association 
     ADDR-1:	Shintomi 1-chome Bld;. 7F 
     	9 8, Shintomi 1~chome 
     CITY, STATE ZIP:	Chuo~ku. TokYo 104, JAPAN 
     TELEPHONE:	813 3206 2243
     FAX:	81 3 3206 2230
     REPRESENT:	association
     

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COMMENT ON QUESTION 03:
     -------
     025-Q03.TXT
     The primary characteristics of the publication system is the issuance
     of Publication Gazette. Actually, many of the countries and regions
     which have already adopted publication system of patent applications
     lay application specifications open in its entirety in the form of
     paper, micro film or CD ROM. This fact leads us to think: that the
     contents of publication should not be partial publication but entire
     publication As to the form of publication, parallel publication in
     paper hard copy and CD-ROM would be desirable. (Related to your
     Question 3) Entire publication on the other hand, may tend to be
     costly, Therefore, in case the cost containment is the priority
     requirement, publication in patent may be opted while the content of
     Application Gazette would preferably be something simialr to the
     contents of present Of Official Gazette for issued patents. That is
     to say, Title of the Invention, Inventor, Assignee, Date of filing,
     Social Number, Date of Parent Application Number of Parent
     Application, USC/IPC, Number of Claims, Representative Claim,
     Drawings, etc. will be provided (Response to your question #3, if
     and where entire publication is not feasible) The provision of
     representative claim appears necessary considering the nature of
     Application Gazette as the only Governmental publication on filed
     patent applications which discloses inventions. Regardless of whether
     e publication is in part or is in entirety, file wrappers for applied
     patents should be laid open X public access after the date of the
     publication. This point is prerequisite to all other forms of
     publication.

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FROM RESPONDENT 016:
     NAME:	CEiRISTO PH[E R J ON[N }2U nY 
     	REGIHTERED tJ.S. PATENT ATTOlllNEY
     	AND CANADIAN PATENT AGENT
     	AL90 ADMITTED IN TIIE DIt3TRICI~ OF COLUMIIIA
     COMPANY:	CEiRISTO PH[E R J ON[N }2U nY 
     	ATT0SRNEY AND COUN1E3ELOR
     ADDR-1:	209 HURON AVENUE 
     CITY, STATE ZIP:	PORT HURON, MICHIGAN 48069
     TELEPHONE:	(8t0) 982-422t 
     FAX:
     REPRESENT:	self
     

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COMMENT ON QUESTION 03:
     -------
     016-Q03.TXT
     It would divert valuable personnel resources from necessary
     administrative Office functions to classify and publish these. 

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FROM RESPONDENT 028:
     NAME:	John B. Pegram
     COMPANY:	DAVIS HOXIE FAITHFULL & HAPGOOD LLP 
     ADDR-1:	45 ROCKEFELLER PLAZA 
     CITY, STATE ZIP:	NEW YORK, N.Y. 10111
     TELEPHONE:	(212) 757-2200
     FAX:	(212) 586-1461
     REPRESENT:	self
     

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COMMENT ON QUESTION 03:
     -------
     028-Q03.TXT
     My proposal would electronically publish all relevant material;
     therefore, an Application Gazette would be unnecessary.


Last Modified: March 1995