Department of Commerce
                          Patent and Trademark Office
                 Grant of Certificate of Interim Extension of
                          the term of U.S. Patent No.
                         Re. 34,617 of U.S. Patent No.
                              4,005,196; Olestra


Agency: Patent and Trademark Office, Commerce

Action: Notice of Interim Patent Term Extension

Summary: The Patent and Trademark Office has issued a certificate under 35
U.S.C.  156(d)(5) for a second one-year interim extension of the term
of U.S. Patent No. Re. 34,617 of U.S. Patent No. 4,005,196 that claims the
food additive known as olestra.

For Further Information Contact: Gerald A. Dost by telephone at (703)
305-9285; or by mail addressed to the Commissioner of Patents and
Trademarks, Washington, D.C. 20231 marked to the attention of Gerald A.
Dost, Special Program Examiner, Office of the Deputy Assistant
Commissioner for Patent Policy and Projects.
Supplementary Information: Section 156 of Title 35, United States Code,
generally provides that the term of a patent may be extended for a period
of up to 5 years if the patent claims a product, or a method of making or
using a product, that has been subject to certain defined regulatory
review. Under section 156, a patent is eligible for term extension only if
regulatory review of the claimed product was completed before the original
patent term expired.
   On December 3, 1993, section 156 was amended by Pub. L. No. 103-179 to
provide that if the owner of record of the patent or its agent reasonably
expects the applicable regulatory review period to extend beyond the
expiration of the patent, the owner or its agent may submit an application
to the Commissioner of Patents and Trademarks for an interim extension of
the patent term. If the Commissioner determines that, except for
permission to market or use the product commercially, the patent would be
eligible for a statutory extension of the patent term, the Commissioner
shall issue to the applicant a certificate of interim extension for a
period of not more than one year. The owner of record of the patent or its
agent may apply for a subsequent one-year interim extension.
   On January 7, 1994, The Procter & Gamble Company, owner of record in
the Patent and Trademark Office of U.S. Patent No. Re. 34,617 of U.S.
Patent No. 4,005,196, filed an application for interim extension of the
term of the patent under 35 U.S.C.    156(d)(5). The application states
that the patent claims a composition of matter comprising the food
additive product olestra. The application indicates that the product is
currently undergoing a regulatory review before the Food and Drug
Administration for permission to market or use the product commercially.
The original term of the patent expired on January 25, 1994. On January
14, 1994, a first one-year interim extension was granted under 35 U.S.C.
 156(d)(5). The extended term of the patent expires on January 25, 1995.
On December 1, 1994, applicant requested a second one-year interim
extension of the term of the patent.
   Review of the application indicates that, except for permission to
market or use the product commercially, the subject patent would be
eligible for an extension of the patent term under 35 U.S.C.    156. Since
it is apparent that the regulatory review period may extend beyond the
expiration of the first one-year interim extension of the original patent
term, a second one-year interim extension of the patent term under 35
U.S.C.    156(d)(5) is appropriate. Accordingly, a second one-year interim
extension under 35 U.S.C.    156(d)(5) of the term of U.S. Patent No. Re.
34,617 of U.S. Patent No. 4,005,196 has been granted from the expiration
of the first one-year interim extension of the original expiration date of
the patent.

January 17, 1995                                                BRUCE A. LEHMAN
                                            Assistant Secretary of Commerce and
                                         Commissioner of Patents and Trademarks