Interim Treatment of Fee Deficiency Submissions under 37
                   C.F.R.   1.28(c) in view of DH Technology

   Two recent district court decisions have considered the practice of
submitting a fee deficiency under 37 C.F.R.    1.28(c) and have reached
conflicting conclusions. See DH Technology v. Synergstex International,
Inc., 937 F.Supp. 902, 40 USPQ2d 1754 (N.D. Cal. 1996); and Jewish
Hospital of St. Louis v. Idexx Laboratories, 951 F.Supp 1 (D. Me. 1996).
   In DH Technology, the District Court for the Northern District of
California held that the submission of the balance of the full issue fee
under 37 C.F.R.    1.28(c) must also meet the requirements of 37 C.F.R.
  1.317. 937 F.Supp. at 909, 40 USPQ2d at 1761. DH Technology is
currently under appeal to the Court of Appeals for the Federal Circuit
(Federal Circuit).
   Since a decision by the Federal Circuit in DH Technology is expected
to resolve the conflict concerning 37 C.F.R.    1.28(c), the PTO is
holding the acceptance of all submissions of fee deficiencies under 37
C.F.R.    1.28(c) in abeyance pending a decision in DH Technology by the
Federal Circuit.
   Inquiries with regard to this notice should be directed to Robert W.
Bahr at (703) 305-9285.

April 14, 1997                                            STEPHEN G. KUNIN
                                         Deputy Assistant Commissioner for
                                                Patent Policy and Projects