Comments from Allen J. Hoover

NAME:               ALLEN J. HOOVER
COMPANY:            DRESSLER, GOLDSMITH, SHORE, & MILNAMOW, LTD.
                    ATTORNEYS AT LAW
ADDR-1:             WASHINGTON, DC OFFICE
                    2001 JEFFERSON DAVIS HIGHWAY
CITY, STATE ZIP:    ARLINGTON, VA  22202
TELEPHONE:          (703)415-0880
FAX:                (703)415-0883
REPRESENT:          SELF


 -------
 014-0001.TXT

    With reference to the proposed rulemaking for Changes to
Implement 20-Year Patent Term and Provisional Applications, your
attention is invited to  1.129 as proposed and to the commentary
published in the Federal Register, Vol. 59. No 237, at pages 63951 et
seg.

 -------
 014-0002.TXT

    The commentary on page 63956, in the paragraph bridging the
second and third columns, discusses an applicant's entitlement to
have a first submission entered and considered on the merits after
final rejection and explains that "[i]f applicant complies with the
requirements of the proposed rule, the finality of the previous
rejection would be withdrawn...."

 -------
 014-0003.TXT

    In  1.129 as proposed, there is no express provision for the
finality of the previous rejection to be withdrawn if an applicant
complies with the proposed rule. It would be important to an
applicant to know whether the finality of the previous action would
be withdrawn, so that the applicant could decide whether to file a
notice of appeal and if so when to file it.

 -------
 014-0004.TXT

    My recommendation is for the proposed rule to provide expressly,
as explained in the commentary, that the finality of the previous
action would be withdrawn if applicant complied with the rule when
making a first or second submission after a final action. Others in
my firm may or may not agree with my recommendation.

 -------
 014-0005.TXT

    Today, I appreciated having an opportunity to discuss my
recommendation briefly in a telephone conversation with Ms.
Greenlief, who was very helpful.

Last Modified: March 1995