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 December 1, 2009 US PATENT AND TRADEMARK OFFICE Print Table of Contents 1349 OG 1 

OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE

December 1, 2009 Volume 1349 Number 1

CONTENTS

 Patent and Trademark Office NoticesPage 
• Patent Cooperation Treaty (PCT) Information1349 OG 2
• Notice of Maintenance Fees Payable1349 OG 5
• Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee1349 OG 6
• Erratum1349 OG 28
• Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 11/02/20091349 OG 29
• Reissue Applications Filed1349 OG 30
• Requests for Ex Parte Reexamination Filed1349 OG 31
• Requests for Inter Partes Reexamination Filed1349 OG 32
• Notice of Expiration of Trademark Registrations Due to Failure to Renew1349 OG 33
• Service by Publication1349 OG 43
• Service by Publication Notice of Complaint for Reciprocal Discipline1349 OG 45
• 37 CFR 1.47 Notice by Publication1349 OG 47
• Registration to Practice1349 OG 49
• Patent Public Advisory Committee Annual Report 20091349 OG 51
• Status of Public Records Division1349 OG 119
• Disclaimers1349 OG 121
• Errata1349 OG 122
• Certificates of Correction1349 OG 124
• Summary of Final Decisions Issued by the Trademark Trial and Appeal Board1349 OG 126

• Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office
• Reference Collections of U.S. Patents Available for Public Use in Patent Depository Libraries
• Patent Technology Centers
• Subscription/Copy Information


COPIES OF PATENTS are furnished by the Patent and Trademark Office at $3.00 each; PLANT PATENTS in color, $15.00 each; copies of TRADEMARKS at $3.00 each. Address orders to the Commissioner of Patents and Trademarks, P.O. Box 1450, Alexandria, VA., 22313-1450, or click here for online ordering.

Printing by U.S.P.T.O. in electronic form is authorized by 35 U.S.C. § 10(a)3

Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 2 

Patent Cooperation Treaty (PCT) Information 
		  Patent Cooperation Treaty (PCT) Information

   For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1342 O.G. 51, on May 12, 2009.

   For information on subject matter under Rule 39 that a particular
International Searching Authority will not search, see Annex D of the PCT
Applicants' Guide.

European Patent Office as Searching and Examining Authority

   The European Patent Office (EPO) may act as the International Searching
Authority (ISA) for an international application filed with the	United
States Receiving Office or the International Bureau (IB) as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America. However, the EPO is no longer
a competent ISA, within the meaning of PCT Article 16(3), for
international applications filed by U.S. residents or nationals on or
after March 1, 2002, in the USPTO or IB as a Receiving Office, and where
the application contains one or more claims directed to the field of
business methods. For the definition of what the EPO considers to be
precluded subject matter in the field of business methods, applicants
should see the "Notice from the President of the European Patent
Office", dated November 26, 2001, and which was published as Annex A in
the "Notice Concerning EPO Competence to Act as PCT Authority" in
the Official Gazette at 1255 O.G. 878, on February 19, 2002.

   The European Patent Office may act as the International Preliminary
Examining Authority (IPEA) for an international application filed in the
United States Receiving Office or the International Bureau as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America, provided that the European
Patent Office acted as the International Searching Authority. However,
the EPO is no longer a competent IPEA, within the meaning of PCT Article
32(3), for international applications filed by U.S. residents or nationals
in the USPTO or IB as a Receiving Office where the corresponding demand is
filed with the EPO on or after March 1, 2002, and where the application
contains one or more claims directed to the field of business methods.

   The search fee of the European Patent Office was increased, effective
October 1, 2009, and was announced in the Official Gazette at 1346 O.G. 5,
on September 1, 2009.

Korean Intellectual Property Office as Searching and Examining Authority

   For use of the Korean Intellectual Property Office as an International
Searching Authority and International Preliminary Examining Authority for
international applications filed in the United States Receiving Office,
see the notice appearing in the Official Gazette at 1302 O.G. 1261 on
January 17, 2006.

   The search fee of the Korean Intellectual Property Office was increased,
effective September 15, 2009, and was announced in the Official Gazette at
1345 O.G. 163, on August 25, 2009.

Australian Patent Office as Searching and Examining Authority

   The Australian Patent Office (IP Australia) may act as the International
Searching Authority (ISA) for an international application filed with the
United States Receiving Office or the International Bureau (IB) as
Receiving Office where at least one of the applicants is either a national
or resident of the United States of America. However, IP Australia is not a
competent ISA, within the meaning of PCT Artical 16(3), for international
applications filed by U.S. residents or nationals in the USPTO or IB as a
Receiving Office, and where the application contains one or more claims
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 3  

directed to the field of business methods or mechanical inventions.

   IP Australia may act as the International Preliminary Examining
Authority (IPEA) for an international application filed in the United
States Receiving Office or the International Bureau as Receiving Office
where at least one of the applicants is either a national or resident of
the United States of America, provided that IP Australia acted as the
International Searching Authority. However, IP Australia is not a competent
IPEA, within the meaning of PCT Article 32(3), for international
applications filed by U.S. residents or nationals in the USPTO or IB as a
Receiving Office where the corresponding demand is filed with IP Australia
and where the application contains one or more claims directed to the
fields of business methods or mechanical engineering or analogous fields of
technology as defined by specified areas of the International Patent
Classification System, as indicated in Annex A to the agreement between the
USPTO and IP Australia. See the notice appearing in the Official Gazette
at 1337 O.G. 261 on December 23, 2008.

   For use of IP Australia as an International Searching Authority and
International Preliminary Examining Authority for international
applications filed in the United States Receiving Office, see the notice
appearing in the Official Gazette at 1337 O.G. 265 on December 23, 2008.

   The search fee of IP Australia was increased, effective September 15,
2009, and was announced in the Official Gazette at 1345 O.G. 163, on
August 25, 2009.

Fees

   The transmittal fee and search fees for the USPTO were changed,
effective January 12, 2009, and were announced in the Federal Register on
November 12, 2008. The fee for filing a request for the restoration of the
right of priority was established, effective November 9, 2007, and was
announced in the Federal Register on September 10, 2007.

   International filing fees were increased, effective May 1, 2009, and
were announced in the Official Gazette at 1340 O.G. 212, on March 31,
2009.

   The schedule of PCT fees (in U.S. dollars), as of October 1, 2009, is
as follows:

International Application (PCT Chapter I) fees:

   Transmittal fee                                                  $240.00

   Search fee

      U.S. Patent and Trademark Office (USPTO) as
      International Searching Authority (ISA)
         - Search fee 						  $2,080.00
         - Supplemental search fee, per additional
            invention (payable only upon invitation)              $2,080.00

      European Patent Office as ISA                               $2,378.00

      Korean Intellectual Property Office as ISA
	 - for international applications filed in English	    $729.00

      IP Australia as ISA					  $1,278.00

   International fees

      International filing fee                                    $1,184.00
      International filing fee-filed in paper
         with PCT EASY zip file or
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 4  

         electronically without PCT EASY zip file		  $1,095.00
      International filing fee-filed
         electronically with PCT EASY zip files			  $1,006.00
      Supplemental fee for each page over 30                         $13.00

   Restoration of Priority

      Filing a request for the restoration of the
      right of priority under § 1.452				  $1,410.00

   International Application (PCT Chapter II) fees associated
   with filing a Demand for Preliminary Examination:

      Handling fee                                                  $171.00
      Handling fee-90% reduction, if applicants meet criteria
      specified at:
        http://www.wipo.int/pct/en/fees/fee_reduction.pdf	     $17.10
      Preliminary Examination Fee
         USPTO as International Preliminary
         Examining Authority (IPEA)
            - USPTO was ISA in PCT Chapter I                        $600.00
	    - USPTO was not ISA in PCT Chapter I                    $750.00
	    - Additional preliminary examination fee,
              per additional invention
              (payable only upon invitation) 			    $600.00

   U.S. National Stage fees (for international applications entering
the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
Web site (www.uspto.gov).

September 17, 2009  	      	                            DAVID J. KAPPOS
		  			    Under Secretary of Commerce for
				  Intellectual Property and Director of the
				  United States Patent and Trademark Office
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 5 

Notice of Maintenance Fees Payable 
  		      Notice of Maintenance Fees Payable

   Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.

   Attention is drawn to the patents that were issued on November 21, 2006
for which maintenance fees due at 3 years and six months may now be paid.
The patents have patent numbers within the following ranges:

   	Utility Patents 7,137,146 through 7,140,045
	Reissue Patents based on the above identified patents.

   Attention is drawn to the patents that were issued on November 19, 2002
for which maintenance fees due at 7 years and six months may now be paid.
The patents have patent numbers within the following ranges:

      	Utility Patents 6,481,014 through 6,484,318
   	Reissue Patents based on the above identified patents.

   Attention is drawn to the patents that were issued on November 17, 1998
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:

	Utility Patents 5,836,015 through 5,839,120
        Reissue Patents based on the above identified patents.

   No maintenance fees are required for design or plant patents.

   Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov. Click on the "Site Index" link at the
top of the homepage (www.uspto.gov), and then scroll down and click on the
"Maintenance Fees" link for more information.

   Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "United States Patent and Trademark
Office, P.O. Box 979070, St. Louis, MO 63197-9000".

  Correspondence related to maintenance fees other than payments of
maintenance fees in patents is not to be mailed to P.O. Box 979070,
St. Louis, MO 63197-9000, but must be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".

   Patent owners must establish small entity status according to 37 CFR
1.27 if they have not done so and if they wish to pay the small entity
amount.

   The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set forth
in the most recently amended provisions in 37 CFR 1.20(e)-(g). To obtain
the current maintenance fee amounts, please call the USPTO Contact Center
at (800)-786-9199 or see the current USPTO fee schedule posted on the USPTO
Internet web site. At the top of the USPTO homepage at www.uspto.gov, click
on the "Site Index" link and then scroll down and click on the "Fees,
USPTO" link to find the current USPTO fee schedule.
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 6 

Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee 
			Notice of Expiration of Patents
		     Due to Failure to Pay Maintenance Fee

   35 U.S.C. 41 and 37 CFR 1.362(g) provide that if the required
maintenance fee and any applicable surcharge are not paid in a patent
requiring such payment, the patent will expire at the end of the 4th, 8th
or 12th anniversary of the grant of the patent depending on the first
maintenance fee which was not paid.
   According to the records of the Office, the patents listed below have
expired due to failure to pay the required maintenance fee and any
applicable surcharge.

		  PATENTS WHICH EXPIRED ON October 14, 2009
		    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent  	                Application                         Issue
Number          	           Number                            Date

5,675,857                        08/675,928                      10/14/97
5,675,861                        08/779,836                      10/14/97
5,675,862                        08/757,058                      10/14/97
5,675,864                        08/539,994                      10/14/97
5,675,880                        08/697,763                      10/14/97
5,675,885                        08/627,039                      10/14/97
5,675,888                        08/279,643                      10/14/97
5,675,898                        08/256,481                      10/14/97
5,675,900                        08/697,584                      10/14/97
5,675,905                        08/662,661                      10/14/97
5,675,913                        08/220,669                      10/14/97
5,675,916                        08/755,698                      10/14/97
5,675,917                        08/404,987                      10/14/97
5,675,918                        08/694,777                      10/14/97
5,675,919                        08/722,928                      10/14/97
5,675,925                        08/671,706                      10/14/97
5,675,928                        08/621,476                      10/14/97
5,675,929                        08/562,874                      10/14/97
5,675,940                        08/731,458                      10/14/97
5,675,945                        08/570,622                      10/14/97
5,675,948                        08/421,399                      10/14/97
5,675,949                        08/284,007                      10/14/97
5,675,954                        08/612,477                      10/14/97
5,675,957                        08/615,021                      10/14/97
5,675,959                        08/588,498                      10/14/97
5,675,964                        08/596,562                      10/14/97
5,675,972                        08/719,792                      10/14/97
5,675,975                        08/691,458                      10/14/97
5,675,976                        08/672,659                      10/14/97
5,675,994                        08/638,150                      10/14/97
5,676,004                        08/719,397                      10/14/97
5,676,023                        08/568,519                      10/14/97
5,676,024                        08/564,592                      10/14/97
5,676,027                        08/623,813                      10/14/97
5,676,033                        08/643,796                      10/14/97
5,676,037                        08/620,913                      10/14/97
5,676,040                        08/633,956                      10/14/97
5,676,053                        08/502,775                      10/14/97
5,676,056                        08/642,465                      10/14/97
5,676,059                        08/758,387                      10/14/97
5,676,062                        08/717,837                      10/14/97
5,676,065                        08/496,029                      10/14/97
5,676,069                        08/552,943                      10/14/97
5,676,071                        08/553,489                      10/14/97
5,676,072                        08/382,029                      10/14/97
5,676,078                        08/311,330                      10/14/97
5,676,080                        08/648,289                      10/14/97
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 7  

5,676,085                        08/675,223                      10/14/97
5,676,088                        08/595,291                      10/14/97
5,676,096                        08/706,817                      10/14/97
5,676,106                        08/763,962                      10/14/97
5,676,117                        08/663,806                      10/14/97
5,676,120                        08/509,432                      10/14/97
5,676,131                        08/678,347                      10/14/97
5,676,132                        08/567,173                      10/14/97
5,676,144                        08/483,504                      10/14/97
5,676,158                        08/744,029                      10/14/97
5,676,168                        08/546,591                      10/14/97
5,676,178                        08/519,164                      10/14/97
5,676,180                        08/615,690                      10/14/97
5,676,188                        08/668,680                      10/14/97
5,676,189                        08/291,201                      10/14/97
5,676,197                        08/690,701                      10/14/97
5,676,211                        08/621,406                      10/14/97
5,676,216                        08/567,570                      10/14/97
5,676,225                        08/613,199                      10/14/97
5,676,239                        08/655,071                      10/14/97
5,676,241                        08/658,354                      10/14/97
5,676,246                        08/721,940                      10/14/97
5,676,248                        08/685,816                      10/14/97
5,676,255                        08/508,793                      10/14/97
5,676,261                        08/437,901                      10/14/97
5,676,263                        08/667,613                      10/14/97
5,676,268                        08/477,903                      10/14/97
5,676,273                        08/500,971                      10/14/97
5,676,285                        08/471,911                      10/14/97
5,676,287                        08/649,381                      10/14/97
5,676,291                        08/558,287                      10/14/97
5,676,298                        08/524,933                      10/14/97
5,676,299                        08/527,723                      10/14/97
5,676,307                        08/719,862                      10/14/97
5,676,309                        08/349,785                      10/14/97
5,676,310                        08/509,992                      10/14/97
5,676,314                        08/416,228                      10/14/97
5,676,320                        08/398,137                      10/14/97
5,676,324                        08/604,740                      10/14/97
5,676,327                        08/552,119                      10/14/97
5,676,332                        08/632,061                      10/14/97
5,676,334                        08/576,603                      10/14/97
5,676,339                        08/402,649                      10/14/97
5,676,341                        08/613,645                      10/14/97
5,676,353                        07/969,272                      10/14/97
5,676,355                        08/622,518                      10/14/97
5,676,357                        08/565,405                      10/14/97
5,676,358                        08/552,090                      10/14/97
5,676,360                        08/500,733                      10/14/97
5,676,361                        08/631,206                      10/14/97
5,676,366                        08/505,227                      10/14/97
5,676,367                        08/475,180                      10/14/97
5,676,375                        08/767,230                      10/14/97
5,676,380                        08/720,740                      10/14/97
5,676,382                        08/468,705                      10/14/97
5,676,383                        08/711,619                      10/14/97
5,676,386                        08/550,411                      10/14/97
5,676,387                        08/311,748                      10/14/97
5,676,392                        08/694,204                      10/14/97
5,676,393                        08/693,365                      10/14/97
5,676,408                        08/719,206                      10/14/97
5,676,414                        08/601,068                      10/14/97
5,676,415                        08/559,882                      10/14/97
5,676,416                        08/686,877                      10/14/97
5,676,422                        08/628,906                      10/14/97
5,676,423                        08/644,845                      10/14/97
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 8  

5,676,424                        08/512,721                      10/14/97
5,676,425                        08/619,451                      10/14/97
5,676,430                        08/642,498                      10/14/97
5,676,434                        08/503,937                      10/14/97
5,676,435                        08/459,259                      10/14/97
5,676,438                        08/755,452                      10/14/97
5,676,441                        08/692,517                      10/14/97
5,676,444                        08/571,314                      10/14/97
5,676,451                        08/681,751                      10/14/97
5,676,452                        08/608,240                      10/14/97
5,676,455                        08/551,386                      10/14/97
5,676,460                        08/708,210                      10/14/97
5,676,461                        08/617,361                      10/14/97
5,676,470                        08/713,518                      10/14/97
5,676,471                        08/537,300                      10/14/97
5,676,472                        08/500,124                      10/14/97
5,676,473                        08/640,577                      10/14/97
5,676,476                        08/572,091                      10/14/97
5,676,477                        08/762,343                      10/14/97
5,676,479                        08/635,616                      10/14/97
5,676,484                        08/780,713                      10/14/97
5,676,492                        08/516,787                      10/14/97
5,676,497                        08/679,541                      10/14/97
5,676,498                        08/519,542                      10/14/97
5,676,510                        08/542,837                      10/14/97
5,676,511                        08/707,602                      10/14/97
5,676,512                        08/696,476                      10/14/97
5,676,513                        08/775,600                      10/14/97
5,676,514                        08/524,399                      10/14/97
5,676,519                        08/721,528                      10/14/97
5,676,526                        08/392,966                      10/14/97
5,676,533                        08/631,528                      10/14/97
5,676,536                        08/532,209                      10/14/97
5,676,548                        08/561,198                      10/14/97
5,676,554                        08/620,179                      10/14/97
5,676,565                        08/446,325                      10/14/97
5,676,571                        08/693,999                      10/14/97
5,676,573                        08/607,668                      10/14/97
5,676,580                        08/489,805                      10/14/97
5,676,581                        08/601,183                      10/14/97
5,676,584                        08/721,196                      10/14/97
5,676,590                        08/580,924                      10/14/97
5,676,592                        08/724,776                      10/14/97
5,676,593                        08/512,371                      10/14/97
5,676,605                        08/642,879                      10/14/97
5,676,611                        08/751,497                      10/14/97
5,676,617                        08/663,666                      10/14/97
5,676,628                        08/791,647                      10/14/97
5,676,633                        08/644,473                      10/14/97
5,676,641                        08/223,453                      10/14/97
5,676,651                        08/201,806                      10/14/97
5,676,652                        08/503,348                      10/14/97
5,676,653                        08/619,912                      10/14/97
5,676,663                        08/560,276                      10/14/97
5,676,665                        08/493,910                      10/14/97
5,676,675                        08/236,487                      10/14/97
5,676,676                        08/521,233                      10/14/97
5,676,682                        08/760,231                      10/14/97
5,676,688                        08/676,581                      10/14/97
5,676,699                        08/057,460                      10/14/97
5,676,712                        08/441,774                      10/14/97
5,676,716                        08/550,438                      10/14/97
5,676,719                        08/595,228                      10/14/97
5,676,720                        08/459,274                      10/14/97
5,676,728                        08/617,180                      10/14/97
5,676,738                        08/517,777                      10/14/97
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 9  

5,676,739                        08/702,443                      10/14/97
5,676,741                        08/700,067                      10/14/97
5,676,745                        08/487,557                      10/14/97
5,676,749                        08/653,686                      10/14/97
5,676,780                        08/445,249                      10/14/97
5,676,785                        07/938,252                      10/14/97
5,676,786                        08/549,029                      10/14/97
5,676,797                        08/422,310                      10/14/97
5,676,801                        08/384,131                      10/14/97
5,676,802                        08/419,142                      10/14/97
5,676,809                        08/378,609                      10/14/97
5,676,810                        08/410,793                      10/14/97
5,676,813                        08/588,914                      10/14/97
5,676,820                        08/383,717                      10/14/97
5,676,830                        08/632,035                      10/14/97
5,676,834                        08/713,113                      10/14/97
5,676,840                        08/689,374                      10/14/97
5,676,852                        08/586,036                      10/14/97
5,676,856                        08/427,218                      10/14/97
5,676,859                        08/565,427                      10/14/97
5,676,861                        08/725,678                      10/14/97
5,676,865                        08/519,841                      10/14/97
5,676,867                        08/579,770                      10/14/97
5,676,871                        08/469,695                      10/14/97
5,676,873                        08/492,756                      10/14/97
5,676,882                        08/613,139                      10/14/97
5,676,894                        08/594,920                      10/14/97
5,676,898                        08/409,100                      10/14/97
5,676,900                        08/447,862                      10/14/97
5,676,907                        08/220,560                      10/14/97
5,676,908                        08/568,947                      10/14/97
5,676,910                        08/477,980                      10/14/97
5,676,911                        08/572,654                      10/14/97
5,676,913                        08/499,495                      10/14/97
5,676,914                        08/436,087                      10/14/97
5,676,915                        08/538,482                      10/14/97
5,676,918                        08/745,206                      10/14/97
5,676,922                        08/725,241                      10/14/97
5,676,923                        08/484,319                      10/14/97
5,676,925                        08/478,034                      10/14/97
5,676,926                        08/634,186                      10/14/97
5,676,933                        08/502,212                      10/14/97
5,676,939                        08/399,313                      10/14/97
5,676,941                        08/678,692                      10/14/97
5,676,942                        08/454,444                      10/14/97
5,676,944                        08/132,622                      10/14/97
5,676,950                        08/485,229                      10/14/97
5,676,960                        08/624,345                      10/14/97
5,676,963                        08/417,917                      10/14/97
5,676,973                        08/640,700                      10/14/97
5,676,974                        08/340,424                      10/14/97
5,676,975                        08/496,432                      10/14/97
5,676,977                        08/658,955                      10/14/97
5,676,983                        08/739,160                      10/14/97
5,676,986                        08/576,880                      10/14/97
5,676,991                        08/421,395                      10/14/97
5,676,997                        08/531,862                      10/14/97
5,677,004                        08/568,584                      10/14/97
5,677,009                        08/452,948                      10/14/97
5,677,011                        08/691,366                      10/14/97
5,677,017                        08/603,238                      10/14/97
5,677,039                        08/307,792                      10/14/97
5,677,049                        08/578,927                      10/14/97
5,677,051                        08/651,902                      10/14/97
5,677,053                        08/671,677                      10/14/97
5,677,063                        08/586,542                      10/14/97
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 10  

5,677,064                        08/610,450                      10/14/97
5,677,068                        08/642,204                      10/14/97
5,677,071                        08/633,215                      10/14/97
5,677,072                        08/231,870                      10/14/97
5,677,087                        08/727,930                      10/14/97
5,677,088                        08/565,430                      10/14/97
5,677,090                        08/604,678                      10/14/97
5,677,091                        08/646,463                      10/14/97
5,677,101                        08/491,731                      10/14/97
5,677,104                        08/579,196                      10/14/97
5,677,105                        08/767,429                      10/14/97
5,677,108                        08/430,876                      10/14/97
5,677,109                        08/736,294                      10/14/97
5,677,110                        08/609,057                      10/14/97
5,677,116                        08/751,378                      10/14/97
5,677,120                        08/653,735                      10/14/97
5,677,125                        08/182,961                      10/14/97
5,677,135                        08/695,923                      10/14/97
5,677,137                        08/236,331                      10/14/97
5,677,139                        08/426,782                      10/14/97
5,677,144                        08/336,343                      10/14/97
5,677,149                        08/411,796                      10/14/97
5,677,160                        08/356,047                      10/14/97
5,677,162                        08/432,955                      10/14/97
5,677,166                        08/462,017                      10/14/97
5,677,168                        08/575,956                      10/14/97
5,677,169                        08/620,713                      10/14/97
5,677,174                        08/440,199                      10/14/97
5,677,192                        08/545,658                      10/14/97
5,677,194                        08/309,967                      10/14/97
5,677,197                        08/337,809                      10/14/97
5,677,198                        08/664,102                      10/14/97
5,677,199                        08/346,098                      10/14/97
5,677,216                        08/779,579                      10/14/97
5,677,225                        08/420,468                      10/14/97
5,677,228                        08/788,679                      10/14/97
5,677,229                        08/430,300                      10/14/97
5,677,259                        08/074,380                      10/14/97
5,677,266                        08/461,158                      10/14/97
5,677,267                        08/558,207                      10/14/97
5,677,277                        08/239,889                      10/14/97
5,677,280                        08/476,169                      10/14/97
5,677,288                        08/228,229                      10/14/97
5,677,290                        08/437,080                      10/14/97
5,677,292                        08/607,797                      10/14/97
5,677,296                        08/446,193                      10/14/97
5,677,298                        08/696,118                      10/14/97
5,677,307                        08/691,834                      10/14/97
5,677,309                        08/621,000                      10/14/97
5,677,313                        08/462,931                      10/14/97
5,677,315                        08/458,310                      10/14/97
5,677,317                        08/629,299                      10/14/97
5,677,318                        08/678,274                      10/14/97
5,677,322                        08/325,233                      10/14/97
5,677,327                        08/493,509                      10/14/97
5,677,334                        08/526,722                      10/14/97
5,677,339                        08/466,820                      10/14/97
5,677,340                        08/468,077                      10/14/97
5,677,341                        08/680,993                      10/14/97
5,677,344                        08/065,792                      10/14/97
5,677,346                        08/480,194                      10/14/97
5,677,357                        08/498,468                      10/14/97
5,677,363                        08/379,115                      10/14/97
5,677,374                        08/667,333                      10/14/97
5,677,377                        08/743,326                      10/14/97
5,677,378                        08/746,138                      10/14/97
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 11  

5,677,381                        08/499,262                      10/14/97
5,677,394                        08/406,859                      10/14/97
5,677,395                        08/462,060                      10/14/97
5,677,396                        08/619,059                      10/14/97
5,677,397                        08/663,375                      10/14/97
5,677,403                        08/548,679                      10/14/97
5,677,417                        08/513,769                      10/14/97
5,677,418                        08/490,290                      10/14/97
5,677,421                        08/208,887                      10/14/97
5,677,422                        08/701,560                      10/14/97
5,677,426                        08/398,613                      10/14/97
5,677,432                        08/290,841                      10/14/97
5,677,436                        08/641,170                      10/14/97
5,677,444                        08/530,402                      10/14/97
5,677,454                        08/457,633                      10/14/97
5,677,455                        08/524,045                      10/14/97
5,677,459                        08/484,721                      10/14/97
5,677,467                        08/724,858                      10/14/97
5,677,481                        08/614,162                      10/14/97
5,677,485                        08/538,363                      10/14/97
5,677,492                        08/699,906                      10/14/97
5,677,495                        08/458,897                      10/14/97
5,677,502                        08/138,201                      10/14/97
5,677,510                        08/562,606                      10/14/97
5,677,512                        08/490,757                      10/14/97
5,677,513                        08/298,157                      10/14/97
5,677,518                        08/556,129                      10/14/97
5,677,521                        08/496,738                      10/14/97
5,677,522                        08/395,420                      10/14/97
5,677,528                        08/662,134                      10/14/97
5,677,538                        08/499,710                      10/14/97
5,677,540                        08/610,019                      10/14/97
5,677,564                        08/736,651                      10/14/97
5,677,571                        07/974,473                      10/14/97
5,677,581                        08/490,667                      10/14/97
5,677,583                        08/527,341                      10/14/97
5,677,587                        08/183,370                      10/14/97
5,677,592                        08/690,833                      10/14/97
5,677,597                        08/614,884                      10/14/97
5,677,623                        08/629,373                      10/14/97
5,677,627                        08/539,136                      10/14/97
5,677,630                        08/734,572                      10/14/97
5,677,637                        08/606,835                      10/14/97
5,677,641                        08/423,378                      10/14/97
5,677,643                        08/798,996                      10/14/97
5,677,657                        08/600,680                      10/14/97
5,677,659                        08/408,849                      10/14/97
5,677,661                        08/567,716                      10/14/97
5,677,664                        08/540,489                      10/14/97
5,677,673                        08/614,677                      10/14/97
5,677,676                        08/632,106                      10/14/97
5,677,678                        08/628,087                      10/14/97
5,677,679                        08/426,038                      10/14/97
5,677,699                        08/458,252                      10/14/97
5,677,703                        08/369,606                      10/14/97
5,677,706                        08/564,456                      10/14/97
5,677,707                        08/063,660                      10/14/97
5,677,719                        08/594,781                      10/14/97
5,677,720                        08/248,086                      10/14/97
5,677,722                        08/680,843                      10/14/97
5,677,727                        08/384,955                      10/14/97
5,677,728                        08/202,499                      10/14/97
5,677,730                        08/536,188                      10/14/97
5,677,737                        08/578,100                      10/14/97
5,677,738                        08/757,902                      10/14/97
5,677,743                        08/726,351                      10/14/97
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 12  

5,677,747                        08/686,013                      10/14/97
5,677,754                        08/490,764                      10/14/97
5,677,757                        08/411,306                      10/14/97
5,677,760                        08/513,432                      10/14/97
5,677,768                        08/676,872                      10/14/97
5,677,773                        08/384,907                      10/14/97
5,677,779                        08/395,471                      10/14/97
5,677,780                        08/524,308                      10/14/97
5,677,786                        08/672,573                      10/14/97
5,677,789                        08/356,569                      10/14/97
5,677,790                        08/166,832                      10/14/97
5,677,797                        08/192,328                      10/14/97
5,677,798                        08/330,663                      10/14/97
5,677,809                        08/457,392                      10/14/97
5,677,811                        08/529,717                      10/14/97
5,677,817                        08/707,854                      10/14/97
5,677,818                        08/681,095                      10/14/97
5,677,819                        08/511,140                      10/14/97
5,677,822                        08/540,900                      10/14/97
5,677,829                        08/621,167                      10/14/97
5,677,830                        08/397,354                      10/14/97
5,677,834                        08/378,463                      10/14/97
5,677,841                        08/401,270                      10/14/97
5,677,843                        08/394,637                      10/14/97
5,677,846                        08/355,222                      10/14/97
5,677,853                        08/340,577                      10/14/97
5,677,854                        08/373,996                      10/14/97
5,677,856                        08/492,793                      10/14/97
5,677,859                        08/382,794                      10/14/97
5,677,872                        08/676,422                      10/14/97
5,677,888                        08/473,041                      10/14/97
5,677,896                        08/681,362                      10/14/97
5,677,900                        07/684,871                      10/14/97
5,677,906                        08/424,202                      10/14/97
5,677,907                        08/540,444                      10/14/97
5,677,916                        08/724,821                      10/14/97
5,677,922                        08/589,462                      10/14/97
5,677,928                        07/795,165                      10/14/97
5,677,933                        08/354,713                      10/14/97
5,677,936                        08/547,185                      10/14/97
5,677,939                        08/392,526                      10/14/97
5,677,948                        08/512,755                      10/14/97
5,677,949                        08/362,054                      10/14/97
5,677,952                        08/349,778                      10/14/97
5,677,955                        08/418,190                      10/14/97
5,677,957                        08/554,936                      10/14/97
5,677,959                        08/375,389                      10/14/97
5,677,979                        08/382,426                      10/14/97
5,677,981                        08/490,326                      10/14/97
5,678,004                        08/740,916                      10/14/97
5,678,008                        08/424,285                      10/14/97
5,678,023                        08/308,466                      10/14/97
5,678,038                        08/263,379                      10/14/97
5,678,041                        08/519,268                      10/14/97
5,678,050                        08/475,297                      10/14/97
5,678,055                        08/343,912                      10/14/97
5,678,060                        08/331,106                      10/14/97
5,678,062                        08/199,889                      10/14/97
5,678,078                        08/522,579                      10/14/97
5,678,084                        08/423,376                      10/14/97
5,678,086                        08/681,019                      10/14/97
5,678,087                        08/686,904                      10/14/97
5,678,092                        08/733,175                      10/14/97
5,678,093                        08/636,138                      10/14/97
5,678,101                        08/636,951                      10/14/97
5,678,102                        08/736,004                      10/14/97
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 13  

5,678,108                        08/681,097                      10/14/97
5,678,113                        08/729,026                      10/14/97
5,678,116                        08/417,133                      10/14/97
5,678,119                        08/628,104                      10/14/97
5,678,123                        08/660,106                      10/14/97
5,678,138                        08/620,084                      10/14/97
5,678,143                        08/220,208                      10/14/97
5,678,151                        08/728,167                      10/14/97
5,678,168                        08/555,956                      10/14/97
5,678,169                        08/497,443                      10/14/97
5,678,176                        08/258,531                      10/14/97
5,678,178                        08/356,259                      10/14/97
5,678,181                        08/489,031                      10/14/97
5,678,187                        08/491,272                      10/14/97
5,678,188                        08/305,148                      10/14/97
5,678,189                        08/556,867                      10/14/97
5,678,203                        08/093,836                      10/14/97
5,678,205                        08/360,578                      10/14/97
5,678,208                        08/504,210                      10/14/97
5,678,212                        08/526,092                      10/14/97
5,678,215                        08/664,077                      10/14/97
5,678,217                        08/624,243                      10/14/97
5,678,222                        08/321,501                      10/14/97
5,678,224                        08/695,184                      10/14/97
5,678,229                        08/515,014                      10/14/97
5,678,233                        08/306,515                      10/14/97

                   PATENTS WHICH EXPIRED ON October 9, 2009
		    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent  	                Application                         Issue
Number          	           Number                            Date

6,298,484                        09/742,912                      10/09/01
6,298,486                        09/523,960                      10/09/01
6,298,489                        09/759,072                      10/09/01
6,298,490                        09/780,692                      10/09/01
6,298,495                        09/438,916                      10/09/01
6,298,501                        09/224,666                      10/09/01
6,298,505                        09/596,723                      10/09/01
6,298,507                        09/514,242                      10/09/01
6,298,515                        09/522,347                      10/09/01
6,298,517                        09/094,551                      10/09/01
6,298,522                        09/253,055                      10/09/01
6,298,525                        09/415,791                      10/09/01
6,298,533                        09/449,629                      10/09/01
6,298,535                        09/505,348                      10/09/01
6,298,553                        09/061,688                      10/09/01
6,298,556                        09/323,468                      10/09/01
6,298,562                        09/387,383                      10/09/01
6,298,565                        09/101,910                      10/09/01
6,298,567                        09/447,648                      10/09/01
6,298,572                        09/480,445                      10/09/01
6,298,573                        09/301,041                      10/09/01
6,298,574                        09/058,797                      10/09/01
6,298,581                        09/677,797                      10/09/01
6,298,583                        09/525,674                      10/09/01
6,298,584                        09/332,316                      10/09/01
6,298,585                        09/628,142                      10/09/01
6,298,586                        09/376,372                      10/09/01
6,298,590                        09/535,214                      10/09/01
6,298,592                        09/189,126                      10/09/01
6,298,597                        09/525,086                      10/09/01
6,298,611                        09/573,355                      10/09/01
6,298,612                        08/593,644                      10/09/01
6,298,616                        09/607,622                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 14  

6,298,619                        09/517,498                      10/09/01
6,298,625                        09/444,073                      10/09/01
6,298,626                        09/306,409                      10/09/01
6,298,627                        09/338,161                      10/09/01
6,298,628                        09/623,869                      10/09/01
6,298,629                        09/366,796                      10/09/01
6,298,630                        09/573,586                      10/09/01
6,298,631                        09/356,672                      10/09/01
6,298,633                        09/243,743                      10/09/01
6,298,634                        09/325,742                      10/09/01
6,298,636                        09/432,527                      10/09/01
6,298,640                        09/375,768                      10/09/01
6,298,648                        09/445,276                      10/09/01
6,298,650                        09/583,367                      10/09/01
6,298,664                        09/445,301                      10/09/01
6,298,672                        09/629,650                      10/09/01
6,298,681                        09/552,329                      10/09/01
6,298,685                        09/432,544                      10/09/01
6,298,690                        09/578,141                      10/09/01
6,298,691                        09/403,712                      10/09/01
6,298,694                        09/508,613                      10/09/01
6,298,700                        09/776,900                      10/09/01
6,298,703                        09/510,025                      10/09/01
6,298,715                        09/471,467                      10/09/01
6,298,716                        09/483,983                      10/09/01
6,298,719                        09/555,531                      10/09/01
6,298,722                        09/442,734                      10/09/01
6,298,729                        09/352,385                      10/09/01
6,298,733                        09/378,805                      10/09/01
6,298,735                        09/298,335                      10/09/01
6,298,738                        09/585,205                      10/09/01
6,298,741                        09/306,146                      10/09/01
6,298,742                        09/300,526                      10/09/01
6,298,745                        09/271,571                      10/09/01
6,298,748                        09/589,237                      10/09/01
6,298,749                        09/061,314                      10/09/01
6,298,751                        08/965,993                      10/09/01
6,298,755                        09/665,009                      10/09/01
6,298,758                        09/573,691                      10/09/01
6,298,759                        09/528,611                      10/09/01
6,298,765                        09/203,962                      10/09/01
6,298,766                        09/283,344                      10/09/01
6,298,771                        09/565,052                      10/09/01
6,298,774                        09/779,503                      10/09/01
6,298,785                        09/486,304                      10/09/01
6,298,788                        09/611,684                      10/09/01
6,298,789                        09/194,239                      10/09/01
6,298,791                        09/438,176                      10/09/01
6,298,792                        09/513,226                      10/09/01
6,298,793                        09/549,759                      10/09/01
6,298,808                        09/449,383                      10/09/01
6,298,809                        09/650,233                      10/09/01
6,298,812                        09/419,642                      10/09/01
6,298,813                        09/662,732                      10/09/01
6,298,818                        09/709,792                      10/09/01
6,298,826                        09/465,731                      10/09/01
6,298,832                        09/455,716                      10/09/01
6,298,853                        09/517,735                      10/09/01
6,298,855                        09/426,922                      10/09/01
6,298,861                        09/242,740                      10/09/01
6,298,864                        09/239,886                      10/09/01
6,298,874                        09/504,493                      10/09/01
6,298,881                        09/270,711                      10/09/01
6,298,884                        09/693,257                      10/09/01
6,298,887                        09/664,310                      10/09/01
6,298,888                        09/428,279                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 15  

6,298,889                        09/315,958                      10/09/01
6,298,890                        09/465,037                      10/09/01
6,298,891                        09/202,465                      10/09/01
6,298,893                        09/380,355                      10/09/01
6,298,902                        09/211,530                      10/09/01
6,298,906                        08/982,624                      10/09/01
6,298,907                        09/558,718                      10/09/01
6,298,922                        09/395,112                      10/09/01
6,298,925                        09/564,030                      10/09/01
6,298,929                        09/457,425                      10/09/01
6,298,934                        09/660,951                      10/09/01
6,298,940                        09/337,422                      10/09/01
6,298,942                        09/493,959                      10/09/01
6,298,945                        09/553,350                      10/09/01
6,298,947                        09/699,118                      10/09/01
6,298,949                        09/376,662                      10/09/01
6,298,951                        09/634,574                      10/09/01
6,298,955                        09/426,492                      10/09/01
6,298,963                        09/257,474                      10/09/01
6,298,965                        09/614,051                      10/09/01
6,298,966                        09/670,824                      10/09/01
6,298,970                        09/572,141                      10/09/01
6,298,977                        09/621,799                      10/09/01
6,298,988                        09/472,422                      10/09/01
6,298,994                        09/439,014                      10/09/01
6,298,998                        09/487,376                      10/09/01
6,299,000                        09/593,388                      10/09/01
6,299,001                        09/391,952                      10/09/01
6,299,004                        09/459,057                      10/09/01
6,299,005                        09/471,748                      10/09/01
6,299,012                        09/404,008                      10/09/01
6,299,014                        09/585,097                      10/09/01
6,299,018                        09/405,952                      10/09/01
6,299,025                        09/521,204                      10/09/01
6,299,031                        09/628,157                      10/09/01
6,299,043                        09/439,720                      10/09/01
6,299,058                        09/302,695                      10/09/01
6,299,060                        09/769,972                      10/09/01
6,299,063                        09/205,062                      10/09/01
6,299,065                        09/179,159                      10/09/01
6,299,073                        09/497,597                      10/09/01
6,299,078                        09/572,513                      10/09/01
6,299,081                        09/521,846                      10/09/01
6,299,083                        09/451,531                      10/09/01
6,299,090                        09/448,261                      10/09/01
6,299,092                        09/508,142                      10/09/01
6,299,093                        09/515,769                      10/09/01
6,299,094                        09/397,574                      10/09/01
6,299,099                        09/457,059                      10/09/01
6,299,102                        09/041,338                      10/09/01
6,299,105                        09/252,408                      10/09/01
6,299,106                        09/264,605                      10/09/01
6,299,114                        09/424,749                      10/09/01
6,299,118                        09/507,984                      10/09/01
6,299,121                        09/421,426                      10/09/01
6,299,122                        09/407,145                      10/09/01
6,299,124                        09/588,876                      10/09/01
6,299,125                        09/340,280                      10/09/01
6,299,126                        09/280,465                      10/09/01
6,299,138                        09/621,865                      10/09/01
6,299,140                        09/310,923                      10/09/01
6,299,143                        09/476,565                      10/09/01
6,299,149                        09/719,078                      10/09/01
6,299,150                        09/495,694                      10/09/01
6,299,161                        09/195,986                      10/09/01
6,299,170                        09/304,753                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 16  

6,299,174                        09/336,048                      10/09/01
6,299,181                        09/732,166                      10/09/01
6,299,182                        09/350,613                      10/09/01
6,299,183                        09/481,497                      10/09/01
6,299,184                        09/478,769                      10/09/01
6,299,189                        09/542,837                      10/09/01
6,299,190                        09/565,463                      10/09/01
6,299,191                        09/580,300                      10/09/01
6,299,192                        09/395,083                      10/09/01
6,299,193                        09/417,200                      10/09/01
6,299,195                        09/329,116                      10/09/01
6,299,197                        09/222,774                      10/09/01
6,299,198                        09/256,425                      10/09/01
6,299,203                        09/017,858                      10/09/01
6,299,209                        09/415,686                      10/09/01
6,299,210                        09/630,483                      10/09/01
6,299,211                        09/065,160                      10/09/01
6,299,216                        09/214,223                      10/09/01
6,299,218                        09/262,065                      10/09/01
6,299,227                        09/500,005                      10/09/01
6,299,228                        09/495,678                      10/09/01
6,299,229                        09/446,665                      10/09/01
6,299,232                        09/431,646                      10/09/01
6,299,241                        09/297,192                      10/09/01
6,299,242                        09/549,578                      10/09/01
6,299,244                        09/633,989                      10/09/01
6,299,249                        09/286,835                      10/09/01
6,299,251                        09/628,639                      10/09/01
6,299,254                        09/368,417                      10/09/01
6,299,255                        09/512,551                      10/09/01
6,299,257                        09/274,614                      10/09/01
6,299,258                        09/384,067                      10/09/01
6,299,265                        09/472,570                      10/09/01
6,299,318                        09/710,928                      10/09/01
6,299,321                        09/650,389                      10/09/01
6,299,324                        09/508,525                      10/09/01
6,299,327                        09/251,529                      10/09/01
6,299,338                        09/203,213                      10/09/01
6,299,342                        09/749,501                      10/09/01
6,299,346                        09/521,113                      10/09/01
6,299,350                        09/502,165                      10/09/01
6,299,358                        09/386,703                      10/09/01
6,299,375                        09/753,615                      10/09/01
6,299,377                        09/530,424                      10/09/01
6,299,378                        09/254,162                      10/09/01
6,299,387                        09/603,149                      10/09/01
6,299,388                        09/497,824                      10/09/01
6,299,390                        09/469,324                      10/09/01
6,299,391                        09/332,738                      10/09/01
6,299,396                        09/420,766                      10/09/01
6,299,399                        09/618,191                      10/09/01
6,299,405                        09/317,683                      10/09/01
6,299,413                        09/593,717                      10/09/01
6,299,416                        09/414,540                      10/09/01
6,299,417                        09/484,175                      10/09/01
6,299,421                        09/524,128                      10/09/01
6,299,427                        09/610,068                      10/09/01
6,299,435                        09/767,211                      10/09/01
6,299,445                        09/288,173                      10/09/01
6,299,446                        09/434,651                      10/09/01
6,299,448                        09/505,567                      10/09/01
6,299,453                        09/725,061                      10/09/01
6,299,454                        09/533,438                      10/09/01
6,299,455                        09/464,289                      10/09/01
6,299,457                        09/422,184                      10/09/01
6,299,466                        09/474,516                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 17  

6,299,468                        09/513,553                      10/09/01
6,299,470                        09/751,556                      10/09/01
6,299,482                        09/694,800                      10/09/01
6,299,488                        09/597,720                      10/09/01
6,299,491                        09/337,180                      10/09/01
6,299,495                        09/557,365                      10/09/01
6,299,496                        09/606,110                      10/09/01
6,299,501                        09/436,643                      10/09/01
6,299,502                        09/479,696                      10/09/01
6,299,503                        09/564,731                      10/09/01
6,299,506                        09/044,146                      10/09/01
6,299,515                        09/599,920                      10/09/01
6,299,516                        09/407,002                      10/09/01
6,299,521                        08/773,304                      10/09/01
6,299,529                        09/588,897                      10/09/01
6,299,532                        09/633,392                      10/09/01
6,299,538                        09/472,417                      10/09/01
6,299,541                        09/462,160                      10/09/01
6,299,558                        08/994,159                      10/09/01
6,299,559                        09/364,483                      10/09/01
6,299,560                        09/517,278                      10/09/01
6,299,562                        09/471,249                      10/09/01
6,299,564                        09/528,315                      10/09/01
6,299,565                        09/442,604                      10/09/01
6,299,571                        09/425,594                      10/09/01
6,299,586                        09/215,577                      10/09/01
6,299,591                        09/100,139                      10/09/01
6,299,601                        09/396,376                      10/09/01
6,299,607                        08/975,795                      10/09/01
6,299,611                        09/418,566                      10/09/01
6,299,617                        09/050,587                      10/09/01
6,299,642                        09/243,029                      10/09/01
6,299,644                        09/445,826                      10/09/01
6,299,645                        09/359,974                      10/09/01
6,299,650                        09/621,178                      10/09/01
6,299,651                        09/661,732                      10/09/01
6,299,654                        09/618,411                      10/09/01
6,299,656                        09/221,803                      10/09/01
6,299,681                        09/200,562                      10/09/01
6,299,683                        08/791,519                      10/09/01
6,299,700                        09/424,605                      10/09/01
6,299,701                        09/230,042                      10/09/01
6,299,705                        09/397,518                      10/09/01
6,299,707                        09/317,524                      10/09/01
6,299,710                        09/272,572                      10/09/01
6,299,711                        09/664,703                      10/09/01
6,299,717                        09/331,105                      10/09/01
6,299,718                        09/348,014                      10/09/01
6,299,720                        09/436,021                      10/09/01
6,299,724                        09/535,761                      10/09/01
6,299,726                        09/504,804                      10/09/01
6,299,730                        09/399,594                      10/09/01
6,299,732                        09/425,708                      10/09/01
6,299,735                        09/369,067                      10/09/01
6,299,736                        09/333,587                      10/09/01
6,299,738                        09/245,606                      10/09/01
6,299,749                        09/426,261                      10/09/01
6,299,754                        08/651,442                      10/09/01
6,299,762                        09/469,631                      10/09/01
6,299,779                        09/038,583                      10/09/01
6,299,782                        09/499,035                      10/09/01
6,299,790                        09/499,589                      10/09/01
6,299,792                        09/231,847                      10/09/01
6,299,794                        07/955,162                      10/09/01
6,299,797                        09/564,705                      10/09/01
6,299,800                        09/507,092                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 18  

6,299,801                        09/238,921                      10/09/01
6,299,804                        09/397,984                      10/09/01
6,299,806                        09/524,603                      10/09/01
6,299,818                        09/691,996                      10/09/01
6,299,819                        09/335,617                      10/09/01
6,299,823                        09/542,833                      10/09/01
6,299,825                        09/487,647                      10/09/01
6,299,833                        09/147,226                      10/09/01
6,299,843                        09/464,970                      10/09/01
6,299,850                        09/270,670                      10/09/01
6,299,859                        09/628,179                      10/09/01
6,299,871                        09/357,913                      10/09/01
6,299,878                        08/983,227                      10/09/01
6,299,881                        09/045,679                      10/09/01
6,299,883                        09/238,480                      10/09/01
6,299,887                        08/606,838                      10/09/01
6,299,901                        09/262,845                      10/09/01
6,299,906                        09/287,409                      10/09/01
6,299,917                        09/395,026                      10/09/01
6,299,918                        09/472,723                      10/09/01
6,299,924                        09/103,827                      10/09/01
6,299,929                        09/639,851                      10/09/01
6,299,930                        09/400,657                      10/09/01
6,299,933                        09/619,324                      10/09/01
6,299,948                        09/288,610                      10/09/01
6,299,963                        09/455,776                      10/09/01
6,299,966                        09/404,814                      10/09/01
6,299,967                        09/325,387                      10/09/01
6,299,979                        09/466,294                      10/09/01
6,299,980                        09/163,038                      10/09/01
6,299,983                        09/192,685                      10/09/01
6,299,990                        09/375,439                      10/09/01
6,299,994                        09/335,620                      10/09/01
6,299,997                        09/110,762                      10/09/01
6,299,998                        09/268,150                      10/09/01
6,300,002                        09/375,122                      10/09/01
6,300,003                        08/987,504                      10/09/01
6,300,010                        09/626,587                      10/09/01
6,300,014                        09/039,093                      10/09/01
6,300,018                        09/399,884                      10/09/01
6,300,022                        09/750,313                      10/09/01
6,300,023                        09/346,259                      10/09/01
6,300,032                        09/495,324                      10/09/01
6,300,034                        09/407,900                      10/09/01
6,300,037                        09/437,232                      10/09/01
6,300,044                        09/202,257                      10/09/01
6,300,045                        09/755,372                      10/09/01
6,300,046                        09/731,448                      10/09/01
6,300,047                        09/576,522                      10/09/01
6,300,048                        09/559,892                      10/09/01
6,300,050                        09/547,091                      10/09/01
6,300,051                        09/271,372                      10/09/01
6,300,052                        09/138,048                      10/09/01
6,300,055                        09/378,084                      10/09/01
6,300,067                        09/204,841                      10/09/01
6,300,082                        09/045,224                      10/09/01
6,300,085                        08/809,646                      10/09/01
6,300,088                        09/193,263                      10/09/01
6,300,093                        08/811,481                      10/09/01
6,300,094                        08/993,825                      10/09/01
6,300,095                        09/171,337                      10/09/01
6,300,096                        09/232,197                      10/09/01
6,300,097                        09/344,686                      10/09/01
6,300,098                        09/468,442                      10/09/01
6,300,099                        09/583,449                      10/09/01
6,300,100                        08/266,542                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 19  

6,300,103                        09/488,200                      10/09/01
6,300,104                        09/095,385                      10/09/01
6,300,106                        09/718,711                      10/09/01
6,300,119                        09/273,142                      10/09/01
6,300,120                        09/615,283                      10/09/01
6,300,121                        09/297,235                      10/09/01
6,300,131                        09/286,959                      10/09/01
6,300,133                        09/502,710                      10/09/01
6,300,135                        09/204,065                      10/09/01
6,300,147                        09/603,918                      10/09/01
6,300,151                        09/401,922                      10/09/01
6,300,154                        09/734,005                      10/09/01
6,300,164                        09/559,314                      10/09/01
6,300,165                        09/765,004                      10/09/01
6,300,168                        09/556,375                      10/09/01
6,300,172                        09/409,887                      10/09/01
6,300,186                        08/637,038                      10/09/01
6,300,217                        09/069,170                      10/09/01
6,300,228                        09/386,089                      10/09/01
6,300,244                        09/317,955                      10/09/01
6,300,246                        09/718,009                      10/09/01
6,300,251                        09/501,967                      10/09/01
6,300,256                        09/446,408                      10/09/01
6,300,258                        09/384,737                      10/09/01
6,300,259                        09/299,712                      10/09/01
6,300,263                        09/465,871                      10/09/01
6,300,264                        09/245,709                      10/09/01
6,300,273                        08/873,580                      10/09/01
6,300,274                        09/511,322                      10/09/01
6,300,275                        09/403,363                      10/09/01
6,300,279                        09/539,592                      10/09/01
6,300,280                        09/006,764                      10/09/01
6,300,282                        09/365,283                      10/09/01
6,300,298                        09/284,846                      10/09/01
6,300,301                        09/566,785                      10/09/01
6,300,305                        09/562,940                      10/09/01
6,300,311                        09/212,581                      10/09/01
6,300,314                        09/304,199                      10/09/01
6,300,316                        09/378,886                      10/09/01
6,300,318                        08/932,140                      10/09/01
6,300,324                        09/224,794                      10/09/01
6,300,325                        09/341,378                      10/09/01
6,300,331                        09/508,044                      10/09/01
6,300,332                        09/352,308                      10/09/01
6,300,334                        09/402,837                      10/09/01
6,300,337                        09/601,808                      10/09/01
6,300,338                        09/348,916                      10/09/01
6,300,351                        09/690,265                      10/09/01
6,300,359                        09/581,066                      10/09/01
6,300,363                        09/424,837                      10/09/01
6,300,366                        09/714,090                      10/09/01
6,300,368                        09/340,022                      10/09/01
6,300,370                        09/095,146                      10/09/01
6,300,373                        08/446,481                      10/09/01
6,300,386                        09/269,193                      10/09/01
6,300,389                        09/222,788                      10/09/01
6,300,402                        09/490,498                      10/09/01
6,300,410                        09/579,027                      10/09/01
6,300,412                        09/462,356                      10/09/01
6,300,413                        09/260,736                      10/09/01
6,300,414                        09/143,156                      10/09/01
6,300,424                        08/094,392                      10/09/01
6,300,425                        09/286,801                      10/09/01
6,300,429                        09/224,181                      10/09/01
6,300,435                        09/466,510                      10/09/01
6,300,441                        09/622,171                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 20  

6,300,443                        09/341,583                      10/09/01
6,300,446                        09/646,123                      10/09/01
6,300,451                        08/328,187                      10/09/01
6,300,454                        09/357,455                      10/09/01
6,300,457                        09/432,445                      10/09/01
6,300,458                        09/388,704                      10/09/01
6,300,463                        09/477,590                      10/09/01
6,300,470                        09/397,386                      10/09/01
6,300,482                        08/368,776                      10/09/01
6,300,487                        09/215,252                      10/09/01
6,300,491                        09/009,490                      10/09/01
6,300,495                        09/402,231                      10/09/01
6,300,498                        09/360,109                      10/09/01
6,300,501                        09/180,241                      10/09/01
6,300,510                        09/530,275                      10/09/01
6,300,511                        09/463,030                      10/09/01
6,300,514                        09/214,116                      10/09/01
6,300,517                        09/367,191                      10/09/01
6,300,521                        09/598,243                      10/09/01
6,300,524                        09/440,281                      10/09/01
6,300,525                        09/653,935                      10/09/01
6,300,537                        09/315,422                      10/09/01
6,300,539                        09/381,607                      10/09/01
6,300,544                        09/380,420                      10/09/01
6,300,549                        09/596,643                      10/09/01
6,300,552                        09/803,897                      10/09/01
6,300,560                        09/255,746                      10/09/01
6,300,567                        09/290,350                      10/09/01
6,300,575                        08/918,084                      10/09/01
6,300,581                        09/507,897                      10/09/01
6,300,586                        09/454,205                      10/09/01
6,300,588                        09/394,844                      10/09/01
6,300,596                        09/527,211                      10/09/01
6,300,598                        09/648,043                      10/09/01
6,300,599                        09/664,018                      10/09/01
6,300,600                        09/373,894                      10/09/01
6,300,604                        09/816,301                      10/09/01
6,300,606                        09/497,582                      10/09/01
6,300,614                        09/050,014                      10/09/01
6,300,616                        09/438,634                      10/09/01
6,300,620                        09/310,694                      10/09/01
6,300,622                        09/337,148                      10/09/01
6,300,630                        09/458,583                      10/09/01
6,300,634                        09/653,090                      10/09/01
6,300,638                        09/189,841                      10/09/01
6,300,649                        09/632,456                      10/09/01
6,300,652                        08/755,456                      10/09/01
6,300,666                        09/163,687                      10/09/01
6,300,667                        09/137,772                      10/09/01
6,300,677                        09/387,280                      10/09/01
6,300,683                        09/119,764                      10/09/01
6,300,687                        09/105,382                      10/09/01
6,300,692                        09/538,367                      10/09/01
6,300,705                        09/360,299                      10/09/01
6,300,706                        09/353,544                      10/09/01
6,300,707                        09/750,769                      10/09/01
6,300,708                        09/432,614                      10/09/01
6,300,710                        09/443,149                      10/09/01
6,300,711                        09/137,894                      10/09/01
6,300,715                        09/502,337                      10/09/01
6,300,716                        09/453,706                      10/09/01
6,300,729                        09/490,484                      10/09/01
6,300,731                        09/130,962                      10/09/01
6,300,732                        09/555,286                      10/09/01
6,300,740                        09/500,078                      10/09/01
6,300,741                        09/654,088                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 21  

6,300,748                        09/615,876                      10/09/01
6,300,752                        09/558,915                      10/09/01
6,300,763                        09/722,858                      10/09/01
6,300,764                        09/134,376                      10/09/01
6,300,774                        09/098,551                      10/09/01
6,300,785                        09/175,303                      10/09/01
6,300,808                        09/592,062                      10/09/01
6,300,825                        09/235,364                      10/09/01
6,300,828                        09/488,276                      10/09/01
6,300,853                        09/720,471                      10/09/01
6,300,857                        09/685,710                      10/09/01
6,300,859                        09/379,684                      10/09/01
6,300,860                        09/416,607                      10/09/01
6,300,869                        09/616,607                      10/09/01
6,300,872                        09/597,197                      10/09/01
6,300,878                        09/643,766                      10/09/01
6,300,881                        09/328,661                      10/09/01
6,300,883                        09/653,955                      10/09/01
6,300,900                        09/380,495                      10/09/01
6,300,901                        09/572,866                      10/09/01
6,300,912                        09/520,100                      10/09/01
6,300,920                        09/637,525                      10/09/01
6,300,925                        09/175,249                      10/09/01
6,300,929                        09/221,168                      10/09/01
6,300,940                        09/271,459                      10/09/01
6,300,951                        09/481,621                      10/09/01
6,300,958                        09/118,348                      10/09/01
6,300,984                        09/217,631                      10/09/01
6,300,988                        09/526,557                      10/09/01
6,300,997                        09/514,753                      10/09/01
6,301,017                        08/734,847                      10/09/01
6,301,018                        08/724,479                      10/09/01
6,301,024                        09/205,201                      10/09/01
6,301,028                        09/533,763                      10/09/01
6,301,053                        09/547,470                      10/09/01
6,301,056                        09/435,586                      10/09/01
6,301,057                        09/494,228                      10/09/01
6,301,063                        09/527,580                      10/09/01
6,301,065                        08/480,934                      10/09/01
6,301,077                        09/298,179                      10/09/01
6,301,078                        09/121,459                      10/09/01
6,301,084                        09/316,774                      10/09/01
6,301,095                        09/471,781                      10/09/01
6,301,096                        09/531,067                      10/09/01
6,301,097                        09/360,727                      10/09/01
6,301,100                        09/102,757                      10/09/01
6,301,101                        09/329,402                      10/09/01
6,301,105                        09/779,262                      10/09/01
6,301,114                        09/576,059                      10/09/01
6,301,116                        08/895,595                      10/09/01
6,301,118                        09/260,759                      10/09/01
6,301,133                        09/287,865                      10/09/01
6,301,144                        09/650,745                      10/09/01
6,301,147                        09/520,081                      10/09/01
6,301,156                        09/635,869                      10/09/01
6,301,168                        09/645,031                      10/09/01
6,301,169                        09/658,011                      10/09/01
6,301,184                        09/480,695                      10/09/01
6,301,187                        09/226,064                      10/09/01
6,301,194                        09/558,600                      10/09/01
6,301,197                        09/467,630                      10/09/01
6,301,200                        09/401,551                      10/09/01
6,301,205                        08/922,122                      10/09/01
6,301,210                        09/291,216                      10/09/01
6,301,211                        09/291,280                      10/09/01
6,301,214                        09/009,646                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 22  

6,301,219                        09/077,871                      10/09/01
6,301,225                        09/062,548                      10/09/01
6,301,230                        09/031,049                      10/09/01
6,301,242                        09/122,565                      10/09/01
6,301,245                        09/094,266                      10/09/01
6,301,261                        09/084,742                      10/09/01
6,301,266                        09/247,386                      10/09/01
6,301,269                        09/081,746                      10/09/01
6,301,276                        08/588,007                      10/09/01
6,301,286                        09/679,367                      10/09/01
6,301,288                        09/515,622                      10/09/01
6,301,294                        09/162,453                      10/09/01
6,301,296                        09/592,539                      10/09/01
6,301,311                        09/247,425                      10/09/01
6,301,312                        09/436,705                      10/09/01
6,301,314                        09/091,793                      10/09/01
6,301,320                        09/269,012                      10/09/01
6,301,321                        09/354,068                      10/09/01
6,301,323                        09/331,236                      10/09/01
6,301,325                        09/470,411                      10/09/01
6,301,327                        09/388,711                      10/09/01
6,301,331                        08/400,287                      10/09/01
6,301,345                        09/276,984                      10/09/01
6,301,346                        09/433,915                      10/09/01
6,301,360                        08/973,062                      10/09/01
6,301,361                        09/271,222                      10/09/01
6,301,362                        09/096,615                      10/09/01
6,301,377                        09/643,675                      10/09/01
6,301,388                        09/290,614                      10/09/01
6,301,394                        09/161,608                      10/09/01
6,301,401                        09/516,744                      10/09/01
6,301,403                        09/464,373                      10/09/01
6,301,424                        09/548,870                      10/09/01
6,301,431                        09/320,507                      10/09/01
6,301,435                        09/573,227                      10/09/01
6,301,436                        09/686,625                      10/09/01
6,301,437                        09/323,948                      10/09/01
6,301,442                        09/515,405                      10/09/01
6,301,444                        09/503,369                      10/09/01
6,301,445                        09/526,146                      10/09/01
6,301,448                        09/409,083                      10/09/01
6,301,458                        09/631,668                      10/09/01
6,301,461                        09/394,841                      10/09/01
6,301,466                        09/218,967                      10/09/01
6,301,468                        09/057,054                      10/09/01
6,301,470                        09/325,867                      10/09/01
6,301,473                        09/118,428                      10/09/01
6,301,475                        09/237,419                      10/09/01
6,301,482                        08/570,439                      10/09/01
6,301,486                        09/281,472                      10/09/01
6,301,487                        09/198,349                      10/09/01
6,301,498                        09/293,016                      10/09/01
6,301,508                        09/007,685                      10/09/01
6,301,522                        09/434,553                      10/09/01
6,301,523                        09/616,779                      10/09/01
6,301,537                        09/587,503                      10/09/01
6,301,538                        09/589,506                      10/09/01
6,301,544                        09/385,355                      10/09/01
6,301,547                        09/184,105                      10/09/01
6,301,563                        09/060,132                      10/09/01
6,301,564                        09/378,027                      10/09/01
6,301,582                        09/050,821                      10/09/01
6,301,588                        08/595,941                      10/09/01
6,301,592                        09/185,646                      10/09/01
6,301,604                        09/201,123                      10/09/01
6,301,610                        09/502,386                      10/09/01
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 23  

6,301,627                        09/216,548                      10/09/01
6,301,637                        09/093,143                      10/09/01
6,301,638                        09/255,086                      10/09/01
6,301,643                        09/146,413                      10/09/01
6,301,644                        09/069,034                      10/09/01
6,301,669                        09/726,203                      10/09/01
6,301,671                        09/046,287                      10/09/01
6,301,678                        09/167,713                      10/09/01
6,301,682                        09/242,047                      10/09/01
6,301,689                        09/162,215                      10/09/01
6,301,696                        09/281,008                      10/09/01
6,301,711                        08/159,647                      10/09/01

		  PATENTS WHICH EXPIRED ON October 11, 2009
		    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent  	                Application                         Issue
Number          	           Number                            Date

6,952,838                        10/938,896                      10/11/05
6,952,840                        10/615,185                      10/11/05
6,952,841                        10/413,397                      10/11/05
6,952,843                        10/476,551                      10/11/05
6,952,847                        10/801,027                      10/11/05
6,952,855                        10/203,692                      10/11/05
6,952,860                        10/472,686                      10/11/05
6,952,863                        10/289,669                      10/11/05
6,952,865                        10/675,753                      10/11/05
6,952,872                        10/224,893                      10/11/05
6,952,874                        10/778,645                      10/11/05
6,952,876                        10/440,828                      10/11/05
6,952,886                        10/703,590                      10/11/05
6,952,888                        10/446,016                      10/11/05
6,952,901                        10/365,545                      10/11/05
6,952,916                        09/720,064                      10/11/05
6,952,924                        10/952,881                      10/11/05
6,952,936                        10/743,123                      10/11/05
6,952,942                        10/469,503                      10/11/05
6,952,948                        10/333,660                      10/11/05
6,952,954                        10/466,296                      10/11/05
6,952,955                        10/900,594                      10/11/05
6,952,967                        10/173,760                      10/11/05
6,952,974                        10/460,384                      10/11/05
6,952,982                        10/604,955                      10/11/05
6,952,984                        10/825,513                      10/11/05
6,952,986                        10/335,757                      10/11/05
6,953,014                        10/663,965                      10/11/05
6,953,015                        10/617,842                      10/11/05
6,953,017                        10/896,115                      10/11/05
6,953,032                        10/857,615                      10/11/05
6,953,034                        10/946,082                      10/11/05
6,953,042                        10/295,531                      10/11/05
6,953,044                        10/604,127                      10/11/05
6,953,056                        10/375,186                      10/11/05
6,953,061                        10/495,786                      10/11/05
6,953,066                        10/437,605                      10/11/05
6,953,070                        10/808,784                      10/11/05
6,953,075                        10/780,562                      10/11/05
6,953,080                        10/245,182                      10/11/05
6,953,083                        10/221,858                      10/11/05
6,953,101                        10/173,544                      10/11/05
6,953,111                        10/359,739                      10/11/05
6,953,125                        10/182,405                      10/11/05
6,953,130                        10/115,327                      10/11/05
6,953,132                        10/437,255                      10/11/05
6,953,142                        10/654,089                      10/11/05
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 24  

6,953,145                        10/344,015                      10/11/05
6,953,159                        10/344,127                      10/11/05
6,953,160                        10/273,373                      10/11/05
6,953,161                        10/721,109                      10/11/05
6,953,165                        09/661,136                      10/11/05
6,953,179                        10/752,781                      10/11/05
6,953,190                        10/393,427                      10/11/05
6,953,199                        10/751,591                      10/11/05
6,953,201                        10/437,466                      10/11/05
6,953,203                        10/981,014                      10/11/05
6,953,214                        10/350,350                      10/11/05
6,953,215                        10/267,281                      10/11/05
6,953,231                        09/883,530                      10/11/05
6,953,247                        10/678,844                      10/11/05
6,953,256                        10/632,020                      10/11/05
6,953,257                        10/782,818                      10/11/05
6,953,258                        10/441,311                      10/11/05
6,953,261                        09/513,040                      10/11/05
6,953,263                        09/869,680                      10/11/05
6,953,271                        10/696,175                      10/11/05
6,953,273                        10/618,421                      10/11/05
6,953,277                        10/380,097                      10/11/05
6,953,281                        10/311,950                      10/11/05
6,953,282                        10/287,003                      10/11/05
6,953,285                        10/262,719                      10/11/05
6,953,287                        10/702,345                      10/11/05
6,953,294                        10/708,244                      10/11/05
6,953,296                        10/981,281                      10/11/05
6,953,300                        10/751,067                      10/11/05
6,953,305                        10/470,496                      10/11/05
6,953,312                        10/716,676                      10/11/05
6,953,325                        10/337,242                      10/11/05
6,953,336                        10/424,504                      10/11/05
6,953,355                        10/075,299                      10/11/05
6,953,361                        10/927,713                      10/11/05
6,953,376                        10/871,596                      10/11/05
6,953,379                        10/983,678                      10/11/05
6,953,385                        10/773,078                      10/11/05
6,953,391                        10/901,678                      10/11/05
6,953,400                        10/438,415                      10/11/05
6,953,418                        10/813,095                      10/11/05
6,953,421                        10/168,037                      10/11/05
6,953,449                        10/755,373                      10/11/05
6,953,484                        10/290,150                      10/11/05
6,953,488                        10/388,154                      10/11/05
6,953,498                        10/611,957                      10/11/05
6,953,513                        10/627,242                      10/11/05
6,953,514                        10/250,794                      10/11/05
6,953,515                        10/460,502                      10/11/05
6,953,517                        09/718,896                      10/11/05
6,953,518                        09/874,315                      10/11/05
6,953,525                        10/167,874                      10/11/05
6,953,537                        10/349,719                      10/11/05
6,953,548                        10/473,048                      10/11/05
6,953,550                        10/726,337                      10/11/05
6,953,551                        09/791,998                      10/11/05
6,953,577                        10/299,867                      10/11/05
6,953,587                        10/447,393                      10/11/05
6,953,590                        09/786,370                      10/11/05
6,953,598                        10/032,781                      10/11/05
6,953,606                        10/689,110                      10/11/05
6,953,622                        10/331,197                      10/11/05
6,953,633                        10/212,541                      10/11/05
6,953,645                        10/429,882                      10/11/05
6,953,649                        10/312,638                      10/11/05
6,953,650                        10/886,101                      10/11/05
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 25  

6,953,667                        10/054,988                      10/11/05
6,953,668                        08/466,381                      10/11/05
6,953,671                        09/792,448                      10/11/05
6,953,678                        10/048,120                      10/11/05
6,953,679                        10/024,878                      10/11/05
6,953,681                        10/199,329                      10/11/05
6,953,685                        10/124,580                      10/11/05
6,953,687                        09/230,195                      10/11/05
6,953,689                        10/378,064                      10/11/05
6,953,695                        09/913,575                      10/11/05
6,953,698                        10/600,143                      10/11/05
6,953,714                        10/293,939                      10/11/05
6,953,726                        11/012,801                      10/11/05
6,953,750                        10/261,568                      10/11/05
6,953,765                        10/138,209                      10/11/05
6,953,781                        09/798,005                      10/11/05
6,953,785                        10/258,454                      10/11/05
6,953,791                        10/371,315                      10/11/05
6,953,792                        10/276,129                      10/11/05
6,953,798                        09/450,999                      10/11/05
6,953,800                        09/935,288                      10/11/05
6,953,801                        10/152,189                      10/11/05
6,953,810                        10/613,988                      10/11/05
6,953,811                        10/470,790                      10/11/05
6,953,812                        10/372,536                      10/11/05
6,953,813                        10/030,114                      10/11/05
6,953,828                        10/489,568                      10/11/05
6,953,830                        10/469,293                      10/11/05
6,953,834                        09/703,809                      10/11/05
6,953,840                        10/629,892                      10/11/05
6,953,852                        10/494,728                      10/11/05
6,953,858                        10/166,957                      10/11/05
6,953,867                        10/399,655                      10/11/05
6,953,870                        10/227,637                      10/11/05
6,953,875                        10/144,926                      10/11/05
6,953,883                        10/668,540                      10/11/05
6,953,884                        10/163,040                      10/11/05
6,953,888                        10/372,105                      10/11/05
6,953,892                        10/475,606                      10/11/05
6,953,897                        10/645,741                      10/11/05
6,953,901                        10/684,808                      10/11/05
6,953,914                        10/956,064                      10/11/05
6,953,933                        10/649,971                      10/11/05
6,953,939                        10/472,312                      10/11/05
6,953,940                        09/863,586                      10/11/05
6,953,943                        10/253,586                      10/11/05
6,953,955                        10/793,828                      10/11/05
6,953,960                        09/996,574                      10/11/05
6,953,961                        10/711,623                      10/11/05
6,953,963                        10/707,735                      10/11/05
6,953,964                        10/822,966                      10/11/05
6,953,969                        10/730,995                      10/11/05
6,953,981                        09/500,994                      10/11/05
6,953,989                        10/766,390                      10/11/05
6,954,006                        10/705,417                      10/11/05
6,954,007                        10/110,825                      10/11/05
6,954,011                        11/052,793                      10/11/05
6,954,014                        10/844,449                      10/11/05
6,954,018                        10/750,931                      10/11/05
6,954,021                        10/194,174                      10/11/05
6,954,025                        10/436,534                      10/11/05
6,954,026                        10/454,863                      10/11/05
6,954,028                        10/172,512                      10/11/05
6,954,037                        10/768,625                      10/11/05
6,954,061                        10/616,620                      10/11/05
6,954,065                        10/938,541                      10/11/05
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 26  

6,954,085                        10/605,603                      10/11/05
6,954,088                        10/707,177                      10/11/05
6,954,098                        10/834,852                      10/11/05
6,954,104                        10/385,500                      10/11/05
6,954,115                        10/448,605                      10/11/05
6,954,126                        10/391,217                      10/11/05
6,954,134                        09/967,330                      10/11/05
6,954,145                        10/228,279                      10/11/05
6,954,147                        09/282,893                      10/11/05
6,954,148                        10/444,538                      10/11/05
6,954,165                        10/810,310                      10/11/05
6,954,189                        09/762,876                      10/11/05
6,954,217                        09/608,008                      10/11/05
6,954,226                        09/988,375                      10/11/05
6,954,263                        10/297,204                      10/11/05
6,954,265                        10/791,000                      10/11/05
6,954,299                        10/813,155                      10/11/05
6,954,305                        10/254,528                      10/11/05
6,954,312                        10/744,076                      10/11/05
6,954,316                        10/094,565                      10/11/05
6,954,322                        10/376,565                      10/11/05
6,954,327                        10/675,734                      10/11/05
6,954,344                        10/439,464                      10/11/05
6,954,348                        10/911,192                      10/11/05
6,954,354                        10/403,381                      10/11/05
6,954,359                        10/895,070                      10/11/05
6,954,375                        10/706,363                      10/11/05
6,954,377                        10/394,496                      10/11/05
6,954,402                        10/649,941                      10/11/05
6,954,412                        09/807,635                      10/11/05
6,954,429                        09/826,235                      10/11/05
6,954,434                        09/840,032                      10/11/05
6,954,451                        09/718,569                      10/11/05
6,954,454                        09/303,514                      10/11/05
6,954,467                        09/656,130                      10/11/05
6,954,470                        10/145,551                      10/11/05
6,954,472                        09/934,621                      10/11/05
6,954,474                        10/607,899                      10/11/05
6,954,489                        09/753,913                      10/11/05
6,954,509                        10/117,855                      10/11/05
6,954,512                        10/198,667                      10/11/05
6,954,514                        10/215,714                      10/11/05
6,954,535                        09/594,393                      10/11/05
6,954,562                        10/755,388                      10/11/05
6,954,571                        10/607,533                      10/11/05
6,954,582                        09/783,614                      10/11/05
6,954,587                        10/775,081                      10/11/05
6,954,598                        10/924,859                      10/11/05
6,954,607                        10/652,897                      10/11/05
6,954,613                        09/658,215                      10/11/05
6,954,624                        09/950,381                      10/11/05
6,954,632                        10/130,560                      10/11/05
6,954,636                        10/653,130                      10/11/05
6,954,651                        09/960,497                      10/11/05
6,954,658                        10/334,736                      10/11/05
6,954,659                        10/997,421                      10/11/05
6,954,661                        10/641,262                      10/11/05
6,954,690                        10/702,735                      10/11/05
6,954,691                        10/258,042                      10/11/05
6,954,700                        10/474,507                      10/11/05
6,954,709                        10/226,448                      10/11/05
6,954,711                        10/440,937                      10/11/05
6,954,726                        09/826,729                      10/11/05
6,954,737                        09/992,406                      10/11/05
6,954,740                        09/793,040                      10/11/05
6,954,744                        09/942,155                      10/11/05
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 27  

6,954,813                        10/323,475                      10/11/05
6,954,819                        10/040,424                      10/11/05
6,954,875                        10/095,730                      10/11/05
6,954,877                        09/997,877                      10/11/05
6,954,880                        10/076,675                      10/11/05
6,954,881                        09/687,335                      10/11/05
6,954,882                        10/172,852                      10/11/05
6,954,902                        09/539,511                      10/11/05
6,954,906                        08/939,064                      10/11/05
6,954,915                        10/209,984                      10/11/05
6,954,916                        10/604,179                      10/11/05
6,954,930                        10/079,302                      10/11/05
6,954,937                        10/438,208                      10/11/05
6,954,938                        10/054,834                      10/11/05
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 28 

Erratum 
				    Erratum

   In the notice of "PATENTS WHICH EXPIRED ON November 9, 2008 DUE TO
FAILURE TO PAY MAINTENANCE FEES" appearing in the Official Gazette of
December 30, 2008, all reference to Patent No. 6,814,970 which issued from
Application No. 09/973,406 should be deleted since the relevant maintenance
fee  was timely paid in that patent.
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 29 

Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 11/02/2009 
		 Patents Reinstated Due to the Acceptance of a
		     Late Maintenance Fee from 11/02/2009

Patent          Application     Filing          Issue	        Granted
Number          Number		Date            Date 	  	Date

5,503,401 	08/376,406 	01/23/95 	04/02/96       11/06/09
5,513,023 	08/316,763 	10/03/94 	04/30/96       11/04/09
5,566,052 	08/487,771 	06/08/95 	10/15/96       11/05/09
5,574,722 	08/407,680 	03/21/95 	11/12/96       11/06/09
5,610,078 	08/594,944 	01/31/96 	03/11/97       11/02/09
5,616,342 	08/419,911 	04/11/95 	04/01/97       11/07/09
5,630,304 	08/703,366 	08/26/96 	05/20/97       11/02/09
5,630,711 	08/525,394 	09/08/95 	05/20/97       11/06/09
5,653,991 	08/437,539 	05/09/95 	08/05/97       11/04/09
5,664,725 	08/610,497 	03/04/96 	09/09/97       11/03/09
5,664,781 	08/720,560 	09/30/96 	09/09/97       11/04/09
5,677,456 	08/438,886 	05/10/95 	10/14/97       11/05/09
5,943,924 	08/878,231 	06/18/97 	08/31/99       11/04/09
5,956,799 	08/926,758 	09/10/97 	09/28/99       11/02/09
5,979,462 	09/201,941 	12/01/98 	11/09/99       11/02/09
5,998,160 	08/975,558 	11/21/97 	12/07/99       11/04/09
6,058,418 	08/801,458 	02/18/97 	05/02/00       11/03/09
6,141,669 	09/073,453 	05/06/98 	10/31/00       11/06/09
6,143,187 	09/467,458 	12/20/99 	11/07/00       11/06/09
6,155,785 	09/292,572 	04/15/99 	12/05/00       11/04/09
6,169,790 	08/959,215 	10/28/97 	01/02/01       11/03/09
6,181,383 	08/864,321 	05/28/97 	01/30/01       11/04/09
6,186,939 	08/876,888 	06/16/97 	02/13/01       11/03/09
6,224,957 	08/669,111 	06/24/96 	05/01/01       11/02/09
6,239,638 	09/254,415 	04/21/99 	05/29/01       11/04/09
6,240,306 	09/343,800 	06/30/99 	05/29/01       11/02/09
6,240,695 	08/955,805 	10/22/97 	06/05/01       11/04/09
6,240,968 	08/911,469 	08/14/97 	06/05/01       11/03/09
6,249,588 	08/520,334 	08/28/95 	06/19/01       11/02/09
6,251,265 	09/292,525 	04/15/99 	06/26/01       11/04/09
6,253,511 	09/196,050 	11/19/98 	07/03/01       11/03/09
6,254,099 	09/305,403 	05/05/99 	07/03/01       11/04/09
6,267,737 	08/858,530 	05/15/97 	07/31/01       11/04/09
6,274,924 	09/187,547 	11/05/98 	08/14/01       11/03/09
6,282,562 	09/229,746 	01/14/99 	08/28/01       11/03/09
6,288,039 	08/987,506 	12/09/97 	09/11/01       11/06/09
6,591,367 	09/281,894 	03/31/99 	07/08/03       11/04/09
6,631,405 	09/170,431 	10/13/98 	10/07/03       11/03/09
6,669,882 	09/825,593 	04/04/01 	12/30/03       11/06/09
6,796,072 	10/248,533 	01/27/03 	09/28/04       11/03/09
6,818,431 	09/512,019 	02/24/00 	11/16/04       11/06/09
6,819,871 	09/810,998 	03/16/01 	11/16/04       11/05/09
6,836,423 	10/281,337 	10/25/02 	12/28/04       11/03/09
6,840,326 	10/238,189 	09/10/02 	01/11/05       11/02/09
6,841,093 	10/204,055 	08/16/02 	01/11/05       11/04/09
6,841,397 	10/738,804 	12/17/03 	01/11/05       11/03/09
6,854,767 	10/270,033 	10/11/02 	02/15/05       11/05/09
6,869,841 	10/384,667 	03/11/03 	03/22/05       11/03/09
6,869,883 	10/319,214 	12/13/02 	03/22/05       11/03/09
6,878,618 	10/371,253 	02/20/03 	04/12/05       11/03/09
6,885,021 	10/036,833 	12/31/01 	04/26/05       11/03/09
6,891,762 	10/307,827 	12/02/02 	05/10/05       11/06/09
6,899,040 	10/202,972 	07/24/02 	05/31/05       11/05/09
6,912,146 	10/318,705 	12/13/02 	06/28/05       11/03/09
6,914,255 	10/634,140 	08/04/03 	07/05/05       11/03/09
6,917,052 	10/864,232 	06/09/04 	07/12/05       11/03/09
6,919,578 	10/313,785 	12/06/02 	07/19/05       11/03/09
6,922,872 	10/416,584 	05/13/03 	08/02/05       11/04/09
6,949,854 	10/099,280 	03/15/02 	09/27/05       11/03/09
6,960,449 	09/501,179 	02/10/00 	11/01/05       11/06/09
RE.36,255 	08/733,520 	10/18/96 	07/20/99       11/06/09
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 30 

Reissue Applications Filed 
			  Reissue Applications Filed

   Notice under 37 CFR 1.11(b). The reissue applications listed below are
open to public inspection by the general public through the Image File
Wrapper (IFW) system (http://portal.uspto.gov/external/portal/pair) on the
USPTO internet web site (www.uspto.gov), and copies may be obtained by
paying the fee therefor (37 CFR 1.19).

   7,288,499, Re. S.N. 12/608,123, Oct. 29, 2009, Cl. 423/210, REGENERABLE
HIGH CAPACITY SORBENT FOR REMOVAL OF MERCURY FROM FLUE GAS, John S. Lovell
et. al., Owner of Record: AMENDED SILICATES, INC., Denver, CO., Attorney or
Agent: Craig Neugeboren, Ex. Gp.: 1793

   7,289,633, Re. S.N. 12/609,557, Oct. 30, 2009, Cl. 381/017, SYSTEM AND
METHOD FOR INTEGRAL TRANSFERENCE OF ACOUSTICAL EVENTS, Randall B. Metcalf
Owner of Record: VERAX TECHNOLOGLES INC., Cantonment, FL., Attorney or
Agent: D. Benjamin Esplin, Ex. Gp.: 2614
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 31 

Requests for Ex Parte Reexamination Filed 
		   Requests for Ex Parte Reexamination Filed

   5,584,639, Reexam. C.N. 90/009,547, Requested Date: Sep. 15, 2009, Cl.
414/476, Title: TOW TRAILER FOR TRANSPORTING PALLETS, Inventor: Esler C.
Walker, Jr., Owners of Record: John H. Simmons, Columbus, GA, Attorney or
Agent: Deveau Colton & Marquis, Atlanta, GA, Ex. Gp.: 3993, Requester: J.C.
Brown, Spirit of America, Susan Lorraine Firestone, O'Malley and Firestone,
Fort Wayne, IN

   5,623,660, Reexam. C.N. 90/010,636, Requested Date: Sep. 03, 2009, Cl.
707/001, Title: SYSTEM FOR REGULATING ACCESS TO DATA BASE FOR PURPOSES OF
DATA BASE MANAGEMENT, Inventor: Jeffrey L. Josephson, Owners of Record:
Data Match Enterprises of Texas, LLC., Marshall, TX, Attorney or Agent:
Hershkovitz & Associates, LLC., Alexandria, VA, Ex. Gp.: 3992, Requester:
Patent Owner

   5,675,819, Reexam. C.N. 90/010,641, Requested Date: Sep. 23, 2009, Cl.
704/001, Title: DOCUMENT INFORMATION RETRIEVAL USING GLOBAL WORD
CO-OCCURRENCE PATTERNS, Inventor: Hinrich Schuetze, Owners of Record: IP
Innovation, LLC., Northbrook, IL, Technology Licensing Corporation, Incline
Village, NV, Attorney or Agent: Oliff & Berridge, Alexandria, VA, Ex. Gp.:
3992, Requester: Google, Inc., Mountain View, CA, Michael O. Halas, Wilmer
Cutler Pickering Hale and Dorr, LLP., New York, NY

   5,727,554, Reexam. C.N. 90/009,534, Requested Date: Aug. 25, 2009, Cl.
600/587, Title:	APPARATUS RESPONSIVE TO MOVEMENT OF A PATIENT DURING
TREATMENT/DIAGNOSIS, Inventor: Andre M. Kalend et al., Owners of Record:
University of Pittsburgh, Pittsburgh, PA, Attorney or Agent: Eckert Seamans
Cherin and Mellott, Pittsburgh, PA, Ex. Gp.: 3993, Requester: Varian
Medical Systems, Inc., Palo Alto, CA, Michael F. Heafey, Orrick Herrington
& Sutcliffe, LLP., Irvine, CA

   5,973,600, Reexam. C.N. 90/009,548, Requested Date: Sep. 03, 2009, Cl.
340/572, Title: LAMINATED RADIO FREQUENCY IDENTIFICATION DEVICE, Inventor:
Walter W. Mosher, Jr., Owners of Record: Precision Dynamics Corporation,
San Fernando, CA, Attorney or Agent: Kelly Lowry & Kelly, LLP., Woodland
Hills, CA, Ex. Gp.: 3992, Requester: Martin P. Hoffman, Hoffman Wasson &
Gitler, Arlington, VA

   6,466,862, Reexam. C.N. 90/010,645, Requested Date: Sep. 25, 2009, Cl.
701/117, Title: SYSTEM FOR PROVIDING TRAFFIC INFORMATION, Inventor: Bruce
W. DeKock et al., Owners of Record: Traffic Information, LLC., Ilwaco, WA,
Attorney or Agent: Bruce W. DeKock, Portland, OR, Ex. Gp.: 3993, Requester:
Kenneth J. Sheehan, Baker & Hostetler, LLP., Washington, DC

   6,785,606, Reexam. C.N. 90/010,646, Requested Date: Sep. 25, 2009, Cl.
701/117, Title:	SYSTEM FOR PROVIDING TRAFFIC INFORMATION, Inventor: Bruce
W. DeKock et al., Owners of Record: Traffic Information, LLC., Ilwaco, WA,
Attorney or Agent: Chernoff Vilhauer McClung & Stenzel, LLP, Portland, OR,
Ex. Gp.: 3992, Requester: Kenneth J. Sheehan, Baker & Hostetler, LLP.,
Washington, DC

   7,302,164, Reexam. C.N. 90/009,538, Requested Date: Sep. 25, 2009, Cl.
386/046, Title: SYSTEMS AND METHOD FOR PRODUCING MEDICAL IMAGE DATA ONTO
PORTABLE DIGITAL RECORDING MEDIA, Inventor: Ken Wright et al., Owners of
Record:	DATCARD Systems, Inc., Newport Beach, CA, Attorney or Agent: Knobbe
Martens Olson & Bear, LLP., Irvine, CA, Ex. Gp.: 3992, Requester: Roger R.
Wise, Pillsbury Winthrop Shaw, Pittman, LLP., Los Angeles, CA

   7,434,584, Reexam. C.N. 90/009,529, Requested Date: Aug. 26, 2009, Cl.
131/194, Title: VAPORIZATION PIPE WITH FLAME FILTER, Inventor: Dan
Steinberg, Owners of Record: VaporGenie, LLC., Blacksburg, VA, Attorney or
Agent: Dan Steinberg, Blacksburg, VA, Ex. Gp.: 3991, Requester: Cary
Tope-McKay, Tope-McKay & Associates, Malibu, CA
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 32 

Requests for Inter Partes Reexamination Filed 
		 Requests for Inter Partes Reexamination Filed

   6,191,964, Reexam. C.N.: 95/001,231, Requested Date: Sep. 11, 2009, Cl.:
363/089, Title: CIRCUIT AND METHOD FOR CONTROLLING A SYNCHRONOUS RECTIFIER
CONVERTER, Inventor: Jeffrey J. Boylan et al., Owners of Record: Lineage
Overseas Corp., Wilmington, DE, Attorney or Agent: Hitt Chwang & Gaines,
PC., Richardson, TX, Ex. Gp.: 3992, Requester: Third Party Requester:
SynQor, Inc.; (Att'y Is: James M. Smith, Esq., Hamilton Brook Smith &
Reynolds, PC., Concord, MA), Real Party in Interest: Same As Third Party
Requester

   6,803,984, Reexam. C.N.: 95/000,507, Requested Date: Sep. 28, 2009, Cl.:
349/190, Title: METHOD AND APPARATUS FOR MANUFACTURING LIQUID CRYSTAL
DISPLAY DEVICE USING SERIAL PRODUCTION PROCESSES, Inventor: Sang Ho Park et
al., Owners of Record: LG Display, Co., LTD., Seoul, Korea, Attorney or
Agent: McKenna Long & Aldridge, LLP., Washington, DC, Ex. Gp.: 3992,
Requester: Third Party Requester:  Chi Mei Optoelectronics Corp.; (Att'y
Is: Babak Redjaian, Irell & Manella, LLP., Los Angeles, CA), Real Party in
Interest: Same As Third Party Requester

   6,875,021, Reexam. C.N.: 95/001,237, Requested Date: Sep. 22, 2009, Cl.:
434/307, Title: INTERACTIVE COMMUNICATION SYSTEM FOR COMMUNICATING VIDEO
GAME AND KARAOKE SOFTWARE, Inventor: Takeya Okamoto, Owners of Record: ADC
Technology, Inc., Aichi, Japan, Attorney or Agent: Davis & Bujold, PLLC.,
Concord, NH, Ex. Gp.: 3992, Requester: Third Party Requester:  Nintendo
SCEA and Microsoft; (Att'y Is: Matthew J. Brigham, Cooley Godward Kronish,
LLP., Washington, DC), Real Party in Interest: Same As Third Party
Requester

   7,068,668, Reexam. C.N.: 95/001,239, Requested Date: Oct. 01, 2009, Cl.:
370/401, Title: METHOD AND APPARATUS FOR INTERFACING A PUBLIC SWITCHED
TELEPHONE NETWORK AND AN INTERNET PROTOCOL NETWORK FOR MULTI-MEDIA
COMMUNICATION, Inventor: Donald S. Feuer, Owners of Record: Centre One, San
Clemente, CA, Attorney or Agent: Fish & Richardson, PC., Minneapolis, MN,
Ex. Gp.: 3992, Requester: Third Party Requester: Vonage Holdings, Corp.;
(Att'y Is: Laura A. Sheridan, Wilmer Cutler Pickering Hale and Dorr, LLP.,
New York, NY), Real Party in Interest: Same As Third Party Requester

   7,218,374, Reexam. C.N.: 95/000,506, Requested Date: Sep. 22, 2009, Cl.:
349/190, Title: LIQUID CRYSTAL DISPLAY DEVICE AND METHOD OF MANUFACTURING
THE SAME, Inventor: Moo Yeol Park et al., Owners of Record: LG Display,
Co., LTD., Seoul, Korea, Attorney or Agent: McKenna Long & Aldridge, LLP.,
Washington, DC, Ex. Gp.: 3992, Requester: Third Party Requester:  Chi Mei
Optoelectronics Corp.; (Att'y Is: Babak Redjaian, Irell & Manella, LLP.,
Los Angeles, CA), Real Party in Interest: Same As Third Party Requester
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 33 

Notice of Expiration of Trademark Registrations Due to Failure to Renew 
	       Notice of Expiration of Trademark Registrations
			   Due to Failure to Renew

   15 U.S.C. 1059 provides that each trademark registration may be
renewed for periods of ten years from the end of the expiring period
upon payment of the prescribed fee and the filing of an acceptable
application for renewal. This may be done at any time within one year
before the expiration of the period for which the registration was
issued or renewed, or it may be done within six months after such
expiration on payment of an additional fee.
   According to the records of the Office, the trademark registrations
listed below are expired due to failure to renew in accordance with 15
U.S.C. 1059.

		    TRADEMARK REGISTRATIONS WHICH EXPIRED
				November 7, 2009
			    DUE TO FAILURE TO RENEW

Reg. Number 		      Serial Number 			Reg. Date


  254,764   		       71/248,509   		       04/02/1929
  254,908   		       71/271,875   		       04/02/1929
  366,178   		       71/403,752   		       04/04/1939
  508,163   		       71/532,280   		       04/05/1949
  508,185   		       71/536,349   		       04/05/1949
  508,195   		       71/536,800   		       04/05/1949
  508,247   		       71/547,116   		       04/05/1949
  867,712   		       72/255,770   		       04/01/1969
  867,627   		       72/259,452   		       04/01/1969
  867,398   		       72/260,689   		       04/01/1969
  867,341   		       72/267,088   		       04/01/1969
  867,679   		       72/268,752   		       04/01/1969
  867,700   		       72/269,408   		       04/01/1969
  867,699   		       72/271,618   		       04/01/1969
  867,343   		       72/276,177   		       04/01/1969
  867,689   		       72/277,654   		       04/01/1969
  867,344   		       72/277,983   		       04/01/1969
  867,399   		       72/280,814   		       04/01/1969
  867,666   		       72/281,172   		       04/01/1969
  867,382   		       72/284,895   		       04/01/1969
  867,493   		       72/285,540   		       04/01/1969
  867,681   		       72/287,011   		       04/01/1969
  867,496   		       72/287,310   		       04/01/1969
  867,582   		       72/287,464   		       04/01/1969
  867,351   		       72/291,699   		       04/01/1969
  867,413   		       72/292,021   		       04/01/1969
  867,631   		       72/292,640   		       04/01/1969
  867,632   		       72/292,641   		       04/01/1969
  867,352   		       72/293,227   		       04/01/1969
  867,416   		       72/293,962   		       04/01/1969
  867,465   		       72/294,654   		       04/01/1969
  867,505   		       72/295,432   		       04/01/1969
  867,335   		       72/296,026   		       04/01/1969
  867,589   		       72/296,978   		       04/01/1969
  867,442   		       72/297,379   		       04/01/1969
  867,331   		       72/297,432   		       04/01/1969
  867,375   		       72/297,832   		       04/01/1969
  867,384   		       72/298,461   		       04/01/1969
  867,397   		       72/298,732   		       04/01/1969
  867,470   		       72/300,096   		       04/01/1969
  867,640   		       72/300,596   		       04/01/1969
  867,641   		       72/300,597   		       04/01/1969
  867,677   		       72/302,187   		       04/01/1969
  867,439   		       72/302,204   		       04/01/1969
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 34  

  867,684   		       72/302,254   		       04/01/1969
  867,385   		       72/302,352   		       04/01/1969
  867,379   		       72/302,495   		       04/01/1969
  867,541   		       72/302,521   		       04/01/1969
  867,417   		       72/307,941   		       04/01/1969
  867,660   		       72/308,251   		       04/01/1969
  867,389   		       72/308,259   		       04/01/1969
  867,558   		       72/309,326   		       04/01/1969
1,116,235   		       73/095,438   		       04/03/1979
1,116,007   		       73/108,961   		       04/03/1979
1,116,165   		       73/117,210   		       04/03/1979
1,115,911   		       73/123,379   		       04/03/1979
1,088,838   		       73/126,546   		       04/04/1978
1,116,157   		       73/137,551   		       04/03/1979
1,116,195   		       73/142,593   		       04/03/1979
1,116,167   		       73/145,306   		       04/03/1979
1,115,979   		       73/145,512   		       04/03/1979
1,115,980   		       73/145,949   		       04/03/1979
1,116,241   		       73/146,222   		       04/03/1979
1,116,088   		       73/150,597   		       04/03/1979
1,115,982   		       73/150,859   		       04/03/1979
1,115,917   		       73/164,756   		       04/03/1979
1,116,097   		       73/166,673   		       04/03/1979
1,115,990   		       73/169,743   		       04/03/1979
1,116,011   		       73/170,004   		       04/03/1979
1,116,177   		       73/171,560   		       04/03/1979
1,116,173   		       73/172,262   		       04/03/1979
1,116,229   		       73/173,836   		       04/03/1979
1,116,230   		       73/174,607   		       04/03/1979
1,116,048   		       73/175,011   		       04/03/1979
1,116,175   		       73/176,339   		       04/03/1979
1,116,057   		       73/176,623   		       04/03/1979
1,116,059   		       73/177,349   		       04/03/1979
1,115,959   		       73/179,521   		       04/03/1979
1,115,962   		       73/179,653   		       04/03/1979
1,115,882   		       73/180,173   		       04/03/1979
1,115,883   		       73/180,385   		       04/03/1979
1,115,939   		       73/181,975   		       04/03/1979
1,533,189   		       73/410,773   		       04/04/1989
1,532,738   		       73/497,034   		       04/04/1989
1,532,739   		       73/507,505   		       04/04/1989
1,533,690   		       73/519,081   		       04/04/1989
1,532,971   		       73/532,230   		       04/04/1989
1,532,524   		       73/535,432   		       04/04/1989
1,532,525   		       73/562,690   		       04/04/1989
1,532,972   		       73/563,691   		       04/04/1989
1,533,691   		       73/568,171   		       04/04/1989
1,533,478   		       73/569,749   		       04/04/1989
1,532,526   		       73/570,315   		       04/04/1989
1,532,975   		       73/595,562   		       04/04/1989
1,532,976   		       73/614,706   		       04/04/1989
1,533,195   		       73/615,569   		       04/04/1989
1,533,696   		       73/625,420   		       04/04/1989
1,533,196   		       73/625,421   		       04/04/1989
1,533,354   		       73/628,687   		       04/04/1989
1,533,654   		       73/629,493   		       04/04/1989
1,532,978   		       73/629,730   		       04/04/1989
1,533,355   		       73/638,979   		       04/04/1989
1,533,634   		       73/639,711   		       04/04/1989
1,533,544   		       73/640,782   		       04/04/1989
1,533,457   		       73/645,857   		       04/04/1989
1,532,637   		       73/647,896   		       04/04/1989
1,532,980   		       73/648,779   		       04/04/1989
1,532,981   		       73/649,868   		       04/04/1989
1,532,745   		       73/651,810   		       04/04/1989
1,532,595   		       73/651,888   		       04/04/1989
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 35  

1,533,479   		       73/653,741   		       04/04/1989
1,532,746   		       73/654,288   		       04/04/1989
1,533,202   		       73/657,847   		       04/04/1989
1,532,664   		       73/659,825   		       04/04/1989
1,532,665   		       73/659,838   		       04/04/1989
1,533,134   		       73/660,701   		       04/04/1989
1,533,547   		       73/661,283   		       04/04/1989
1,532,666   		       73/661,437   		       04/04/1989
1,533,480   		       73/662,561   		       04/04/1989
1,532,982   		       73/663,425   		       04/04/1989
1,532,983   		       73/664,583   		       04/04/1989
1,533,458   		       73/666,229   		       04/04/1989
1,532,984   		       73/669,724   		       04/04/1989
1,532,751   		       73/672,402   		       04/04/1989
1,532,752   		       73/672,713   		       04/04/1989
1,533,359   		       73/676,701   		       04/04/1989
1,532,887   		       73/678,408   		       04/04/1989
1,532,753   		       73/678,802   		       04/04/1989
1,532,533   		       73/682,839   		       04/04/1989
1,533,137   		       73/686,583   		       04/04/1989
1,533,138   		       73/687,982   		       04/04/1989
1,533,706   		       73/689,021   		       04/04/1989
1,533,795   		       73/689,447   		       04/04/1989
1,533,551   		       73/689,467   		       04/04/1989
1,532,640   		       73/689,845   		       04/04/1989
1,533,460   		       73/690,354   		       04/04/1989
1,533,707   		       73/690,965   		       04/04/1989
1,532,535   		       73/691,143   		       04/04/1989
1,533,362   		       73/691,481   		       04/04/1989
1,532,757   		       73/692,113   		       04/04/1989
1,532,536   		       73/692,119   		       04/04/1989
1,532,969   		       73/692,197   		       04/04/1989
1,532,990   		       73/692,377   		       04/04/1989
1,533,708   		       73/692,804   		       04/04/1989
1,533,660   		       73/692,901   		       04/04/1989
1,533,461   		       73/693,957   		       04/04/1989
1,533,462   		       73/693,960   		       04/04/1989
1,532,760   		       73/694,040   		       04/04/1989
1,533,760   		       73/694,551   		       04/04/1989
1,533,119   		       73/695,120   		       04/04/1989
1,532,866   		       73/695,130   		       04/04/1989
1,533,363   		       73/695,598   		       04/04/1989
1,532,995   		       73/695,853   		       04/04/1989
1,533,484   		       73/695,991   		       04/04/1989
1,532,644   		       73/696,346   		       04/04/1989
1,532,761   		       73/696,355   		       04/04/1989
1,533,711   		       73/696,896   		       04/04/1989
1,533,712   		       73/697,657   		       04/04/1989
1,533,365   		       73/697,868   		       04/04/1989
1,532,999   		       73/698,031   		       04/04/1989
1,532,763   		       73/698,144   		       04/04/1989
1,533,180   		       73/698,200   		       04/04/1989
1,533,120   		       73/698,458   		       04/04/1989
1,533,000   		       73/698,627   		       04/04/1989
1,533,583   		       73/698,832   		       04/04/1989
1,532,485   		       73/699,235   		       04/04/1989
1,532,915   		       73/699,569   		       04/04/1989
1,533,765   		       73/699,594   		       04/04/1989
1,532,486   		       73/699,659   		       04/04/1989
1,532,766   		       73/700,032   		       04/04/1989
1,533,007   		       73/701,128   		       04/04/1989
1,533,608   		       73/701,280   		       04/04/1989
1,532,917   		       73/701,291   		       04/04/1989
1,532,542   		       73/701,857   		       04/04/1989
1,533,172   		       73/701,930   		       04/04/1989
1,533,009   		       73/702,062   		       04/04/1989
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 36  

1,533,011   		       73/702,737   		       04/04/1989
1,532,488   		       73/702,989   		       04/04/1989
1,532,952   		       73/703,653   		       04/04/1989
1,533,013   		       73/703,913   		       04/04/1989
1,533,014   		       73/704,094   		       04/04/1989
1,533,637   		       73/704,560   		       04/04/1989
1,532,544   		       73/704,671   		       04/04/1989
1,532,545   		       73/705,660   		       04/04/1989
1,533,222   		       73/705,851   		       04/04/1989
1,532,546   		       73/706,360   		       04/04/1989
1,532,889   		       73/706,566   		       04/04/1989
1,532,683   		       73/706,830   		       04/04/1989
1,532,489   		       73/707,751   		       04/04/1989
1,532,588   		       73/707,985   		       04/04/1989
1,533,584   		       73/708,544   		       04/04/1989
1,533,719   		       73/709,079   		       04/04/1989
1,532,684   		       73/709,614   		       04/04/1989
1,533,514   		       73/709,640   		       04/04/1989
1,533,486   		       73/709,837   		       04/04/1989
1,532,774   		       73/709,853   		       04/04/1989
1,533,021   		       73/710,730   		       04/04/1989
1,532,920   		       73/711,460   		       04/04/1989
1,533,775   		       73/712,283   		       04/04/1989
1,533,776   		       73/712,292   		       04/04/1989
1,533,022   		       73/712,422   		       04/04/1989
1,533,023   		       73/712,443   		       04/04/1989
1,533,224   		       73/712,726   		       04/04/1989
1,533,025   		       73/713,020   		       04/04/1989
1,532,686   		       73/713,085   		       04/04/1989
1,533,720   		       73/713,132   		       04/04/1989
1,533,026   		       73/713,501   		       04/04/1989
1,533,624   		       73/713,734   		       04/04/1989
1,533,515   		       73/714,087   		       04/04/1989
1,532,495   		       73/714,534   		       04/04/1989
1,533,028   		       73/714,976   		       04/04/1989
1,533,029   		       73/715,724   		       04/04/1989
1,533,175   		       73/715,738   		       04/04/1989
1,532,922   		       73/716,649   		       04/04/1989
1,532,650   		       73/716,678   		       04/04/1989
1,533,032   		       73/716,704   		       04/04/1989
1,532,589   		       73/716,768   		       04/04/1989
1,533,373   		       73/716,854   		       04/04/1989
1,532,496   		       73/717,065   		       04/04/1989
1,532,651   		       73/718,304   		       04/04/1989
1,532,561   		       73/718,573   		       04/04/1989
1,532,563   		       73/718,613   		       04/04/1989
1,533,652   		       73/720,090   		       04/04/1989
1,532,778   		       73/720,130   		       04/04/1989
1,533,540   		       73/720,416   		       04/04/1989
1,533,035   		       73/720,518   		       04/04/1989
1,532,780   		       73/720,542   		       04/04/1989
1,532,891   		       73/720,818   		       04/04/1989
1,533,588   		       73/720,916   		       04/04/1989
1,533,725   		       73/720,929   		       04/04/1989
1,533,039   		       73/721,051   		       04/04/1989
1,532,783   		       73/721,544   		       04/04/1989
1,533,041   		       73/721,630   		       04/04/1989
1,532,727   		       73/721,696   		       04/04/1989
1,532,692   		       73/722,940   		       04/04/1989
1,533,042   		       73/722,992   		       04/04/1989
1,532,499   		       73/723,092   		       04/04/1989
1,533,796   		       73/723,652   		       04/04/1989
1,533,229   		       73/723,793   		       04/04/1989
1,533,560   		       73/724,149   		       04/04/1989
1,533,378   		       73/724,170   		       04/04/1989
1,532,787   		       73/724,341   		       04/04/1989
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 37  

1,532,564   		       73/724,373   		       04/04/1989
1,533,230   		       73/724,610   		       04/04/1989
1,532,894   		       73/724,618   		       04/04/1989
1,532,895   		       73/724,622   		       04/04/1989
1,532,695   		       73/725,463   		       04/04/1989
1,532,789   		       73/726,441   		       04/04/1989
1,532,696   		       73/726,536   		       04/04/1989
1,532,790   		       73/726,888   		       04/04/1989
1,533,561   		       73/726,904   		       04/04/1989
1,532,611   		       73/726,906   		       04/04/1989
1,532,871   		       73/727,256   		       04/04/1989
1,532,697   		       73/728,192   		       04/04/1989
1,533,182   		       73/728,661   		       04/04/1989
1,533,589   		       73/729,227   		       04/04/1989
1,532,519   		       73/729,373   		       04/04/1989
1,533,050   		       73/730,816   		       04/04/1989
1,532,872   		       73/730,969   		       04/04/1989
1,533,234   		       73/731,243   		       04/04/1989
1,532,568   		       73/731,579   		       04/04/1989
1,533,382   		       73/731,664   		       04/04/1989
1,533,236   		       73/731,745   		       04/04/1989
1,533,237   		       73/731,758   		       04/04/1989
1,533,609   		       73/732,166   		       04/04/1989
1,532,798   		       73/732,752   		       04/04/1989
1,532,800   		       73/733,241   		       04/04/1989
1,533,520   		       73/733,624   		       04/04/1989
1,533,669   		       73/734,161   		       04/04/1989
1,533,731   		       73/734,830   		       04/04/1989
1,532,958   		       73/734,953   		       04/04/1989
1,533,117   		       73/735,088   		       04/04/1989
1,532,572   		       73/735,135   		       04/04/1989
1,533,389   		       73/735,362   		       04/04/1989
1,533,471   		       73/735,438   		       04/04/1989
1,533,761   		       73/735,787   		       04/04/1989
1,532,701   		       73/735,978   		       04/04/1989
1,533,733   		       73/736,286   		       04/04/1989
1,532,804   		       73/736,489   		       04/04/1989
1,532,932   		       73/736,645   		       04/04/1989
1,533,493   		       73/737,181   		       04/04/1989
1,533,494   		       73/737,183   		       04/04/1989
1,533,591   		       73/737,732   		       04/04/1989
1,533,247   		       73/737,947   		       04/04/1989
1,532,520   		       73/738,079   		       04/04/1989
1,532,617   		       73/738,450   		       04/04/1989
1,533,250   		       73/738,521   		       04/04/1989
1,533,542   		       73/738,674   		       04/04/1989
1,532,505   		       73/739,493   		       04/04/1989
1,533,150   		       73/739,817   		       04/04/1989
1,533,500   		       73/740,038   		       04/04/1989
1,532,704   		       73/740,043   		       04/04/1989
1,533,396   		       73/740,103   		       04/04/1989
1,533,612   		       73/740,133   		       04/04/1989
1,532,934   		       73/740,220   		       04/04/1989
1,532,576   		       73/740,234   		       04/04/1989
1,533,062   		       73/740,490   		       04/04/1989
1,532,577   		       73/740,671   		       04/04/1989
1,533,256   		       73/740,752   		       04/04/1989
1,532,937   		       73/740,753   		       04/04/1989
1,533,065   		       73/740,808   		       04/04/1989
1,532,809   		       73/741,011   		       04/04/1989
1,533,675   		       73/741,084   		       04/04/1989
1,533,398   		       73/741,111   		       04/04/1989
1,533,676   		       73/741,218   		       04/04/1989
1,532,949   		       73/741,328   		       04/04/1989
1,533,592   		       73/741,359   		       04/04/1989
1,532,621   		       73/741,440   		       04/04/1989
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 38  

1,532,959   		       73/741,569   		       04/04/1989
1,532,580   		       73/741,629   		       04/04/1989
1,532,506   		       73/741,662   		       04/04/1989
1,532,810   		       73/741,725   		       04/04/1989
1,533,067   		       73/741,778   		       04/04/1989
1,532,622   		       73/741,800   		       04/04/1989
1,532,938   		       73/741,929   		       04/04/1989
1,533,627   		       73/742,258   		       04/04/1989
1,533,564   		       73/742,274   		       04/04/1989
1,533,505   		       73/742,354   		       04/04/1989
1,533,072   		       73/742,393   		       04/04/1989
1,533,073   		       73/742,433   		       04/04/1989
1,533,076   		       73/742,493   		       04/04/1989
1,532,507   		       73/742,814   		       04/04/1989
1,533,408   		       73/742,826   		       04/04/1989
1,533,643   		       73/742,903   		       04/04/1989
1,533,409   		       73/743,109   		       04/04/1989
1,532,899   		       73/743,596   		       04/04/1989
1,532,707   		       73/743,664   		       04/04/1989
1,533,412   		       73/743,748   		       04/04/1989
1,533,567   		       73/743,846   		       04/04/1989
1,532,708   		       73/744,208   		       04/04/1989
1,533,416   		       73/744,422   		       04/04/1989
1,532,710   		       73/744,565   		       04/04/1989
1,533,084   		       73/744,567   		       04/04/1989
1,533,522   		       73/744,885   		       04/04/1989
1,533,473   		       73/744,962   		       04/04/1989
1,533,682   		       73/745,142   		       04/04/1989
1,533,266   		       73/745,153   		       04/04/1989
1,533,267   		       73/745,171   		       04/04/1989
1,532,713   		       73/745,263   		       04/04/1989
1,533,523   		       73/745,396   		       04/04/1989
1,533,745   		       73/745,398   		       04/04/1989
1,533,746   		       73/745,467   		       04/04/1989
1,532,582   		       73/745,620   		       04/04/1989
1,533,269   		       73/745,626   		       04/04/1989
1,533,614   		       73/745,642   		       04/04/1989
1,533,270   		       73/745,646   		       04/04/1989
1,532,942   		       73/745,706   		       04/04/1989
1,533,597   		       73/745,753   		       04/04/1989
1,532,819   		       73/745,780   		       04/04/1989
1,532,821   		       73/745,921   		       04/04/1989
1,532,715   		       73/746,135   		       04/04/1989
1,532,822   		       73/746,159   		       04/04/1989
1,533,685   		       73/746,278   		       04/04/1989
1,533,615   		       73/746,338   		       04/04/1989
1,532,586   		       73/746,462   		       04/04/1989
1,533,511   		       73/746,806   		       04/04/1989
1,532,631   		       73/747,061   		       04/04/1989
1,532,883   		       73/747,067   		       04/04/1989
1,532,826   		       73/747,143   		       04/04/1989
1,533,277   		       73/747,313   		       04/04/1989
1,532,828   		       73/747,376   		       04/04/1989
1,532,829   		       73/747,504   		       04/04/1989
1,532,885   		       73/747,574   		       04/04/1989
1,533,442   		       73/747,629   		       04/04/1989
1,533,444   		       73/747,718   		       04/04/1989
1,532,832   		       73/747,818   		       04/04/1989
1,533,687   		       73/747,834   		       04/04/1989
1,533,752   		       73/748,015   		       04/04/1989
1,532,717   		       73/748,236   		       04/04/1989
1,532,837   		       73/748,250   		       04/04/1989
1,533,281   		       73/748,386   		       04/04/1989
1,533,089   		       73/748,411   		       04/04/1989
1,533,282   		       73/748,427   		       04/04/1989
1,532,839   		       73/748,449   		       04/04/1989
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 39  

1,532,731   		       73/748,605   		       04/04/1989
1,532,732   		       73/748,699   		       04/04/1989
1,533,283   		       73/749,000   		       04/04/1989
1,532,842   		       73/749,030   		       04/04/1989
1,532,843   		       73/749,060   		       04/04/1989
1,532,844   		       73/749,133   		       04/04/1989
1,533,600   		       73/749,318   		       04/04/1989
1,532,845   		       73/749,353   		       04/04/1989
1,533,447   		       73/749,418   		       04/04/1989
1,533,294   		       73/749,552   		       04/04/1989
1,533,161   		       73/749,586   		       04/04/1989
1,532,847   		       73/749,667   		       04/04/1989
1,532,906   		       73/749,860   		       04/04/1989
1,532,848   		       73/749,958   		       04/04/1989
1,533,603   		       73/750,024   		       04/04/1989
1,532,849   		       73/750,043   		       04/04/1989
1,533,617   		       73/750,087   		       04/04/1989
1,533,168   		       73/750,173   		       04/04/1989
1,533,300   		       73/750,214   		       04/04/1989
1,533,302   		       73/750,295   		       04/04/1989
1,533,304   		       73/750,298   		       04/04/1989
1,533,307   		       73/750,304   		       04/04/1989
1,532,852   		       73/750,348   		       04/04/1989
1,533,319   		       73/750,655   		       04/04/1989
1,533,320   		       73/750,668   		       04/04/1989
1,533,350   		       73/751,114   		       04/04/1989
1,532,908   		       73/751,227   		       04/04/1989
1,533,346   		       73/751,401   		       04/04/1989
1,533,757   		       73/751,741   		       04/04/1989
1,533,618   		       73/751,881   		       04/04/1989
1,532,721   		       73/751,920   		       04/04/1989
1,532,660   		       73/752,200   		       04/04/1989
1,533,187   		       73/752,320   		       04/04/1989
1,533,758   		       73/752,455   		       04/04/1989
1,533,759   		       73/752,847   		       04/04/1989
1,533,326   		       73/752,946   		       04/04/1989
1,533,792   		       73/754,338   		       04/04/1989
2,236,350   		       74/397,493   		       04/06/1999
2,236,351   		       74/397,494   		       04/06/1999
2,236,898   		       74/404,820   		       04/06/1999
2,236,902   		       74/479,990   		       04/06/1999
2,236,904   		       74/489,715   		       04/06/1999
2,236,906   		       74/517,940   		       04/06/1999
2,236,912   		       74/552,242   		       04/06/1999
2,236,922   		       74/598,837   		       04/06/1999
2,236,932   		       74/625,783   		       04/06/1999
2,236,937   		       74/636,387   		       04/06/1999
2,236,943   		       74/655,761   		       04/06/1999
2,236,950   		       74/675,194   		       04/06/1999
2,236,952   		       74/676,368   		       04/06/1999
2,236,955   		       74/681,495   		       04/06/1999
2,236,362   		       75/000,717   		       04/06/1999
2,236,364   		       75/000,721   		       04/06/1999
2,236,365   		       75/015,871   		       04/06/1999
2,236,995   		       75/025,915   		       04/06/1999
2,237,005   		       75/032,057   		       04/06/1999
2,237,007   		       75/032,062   		       04/06/1999
2,237,009   		       75/043,193   		       04/06/1999
2,237,015   		       75/053,003   		       04/06/1999
2,237,017   		       75/053,258   		       04/06/1999
2,237,019   		       75/055,474   		       04/06/1999
2,237,025   		       75/059,061   		       04/06/1999
2,237,034   		       75/066,145   		       04/06/1999
2,237,036   		       75/068,871   		       04/06/1999
2,237,044   		       75/080,208   		       04/06/1999
2,237,046   		       75/080,902   		       04/06/1999
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 40  

2,237,048   		       75/082,302   		       04/06/1999
2,237,051   		       75/085,118   		       04/06/1999
2,237,053   		       75/086,597   		       04/06/1999
2,237,055   		       75/086,731   		       04/06/1999
2,236,369   		       75/098,589   		       04/06/1999
2,237,070   		       75/099,456   		       04/06/1999
2,237,073   		       75/103,454   		       04/06/1999
2,237,080   		       75/109,332   		       04/06/1999
2,237,082   		       75/110,092   		       04/06/1999
2,237,083   		       75/111,982   		       04/06/1999
2,237,103   		       75/122,006   		       04/06/1999
2,237,107   		       75/123,636   		       04/06/1999
2,237,108   		       75/124,567   		       04/06/1999
2,237,112   		       75/125,470   		       04/06/1999
2,237,113   		       75/125,983   		       04/06/1999
2,237,117   		       75/128,116   		       04/06/1999
2,237,122   		       75/130,022   		       04/06/1999
2,237,129   		       75/133,869   		       04/06/1999
2,237,132   		       75/134,710   		       04/06/1999
2,237,133   		       75/135,010   		       04/06/1999
2,237,137   		       75/136,643   		       04/06/1999
2,237,143   		       75/141,615   		       04/06/1999
2,237,144   		       75/142,138   		       04/06/1999
2,237,152   		       75/143,772   		       04/06/1999
2,236,375   		       75/155,050   		       04/06/1999
2,237,173   		       75/159,229   		       04/06/1999
2,237,184   		       75/164,111   		       04/06/1999
2,237,188   		       75/167,088   		       04/06/1999
2,237,209   		       75/179,535   		       04/06/1999
2,237,211   		       75/179,975   		       04/06/1999
2,237,214   		       75/181,647   		       04/06/1999
2,237,216   		       75/182,266   		       04/06/1999
2,237,224   		       75/187,339   		       04/06/1999
2,237,237   		       75/192,249   		       04/06/1999
2,237,252   		       75/197,548   		       04/06/1999
2,236,385   		       75/198,045   		       04/06/1999
2,237,257   		       75/199,904   		       04/06/1999
2,237,262   		       75/201,222   		       04/06/1999
2,237,284   		       75/209,714   		       04/06/1999
2,237,287   		       75/210,973   		       04/06/1999
2,237,290   		       75/211,576   		       04/06/1999
2,236,389   		       75/212,748   		       04/06/1999
2,236,390   		       75/212,800   		       04/06/1999
2,237,318   		       75/218,868   		       04/06/1999
2,237,332   		       75/224,567   		       04/06/1999
2,237,349   		       75/228,760   		       04/06/1999
2,236,397   		       75/228,784   		       04/06/1999
2,237,359   		       75/230,444   		       04/06/1999
2,237,372   		       75/232,562   		       04/06/1999
2,236,403   		       75/234,395   		       04/06/1999
2,236,404   		       75/235,198   		       04/06/1999
2,237,379   		       75/236,412   		       04/06/1999
2,237,388   		       75/240,177   		       04/06/1999
2,237,396   		       75/243,171   		       04/06/1999
2,237,397   		       75/243,198   		       04/06/1999
2,237,419   		       75/248,607   		       04/06/1999
2,237,426   		       75/252,081   		       04/06/1999
2,237,428   		       75/252,408   		       04/06/1999
2,237,430   		       75/252,849   		       04/06/1999
2,236,410   		       75/255,253   		       04/06/1999
2,237,439   		       75/256,983   		       04/06/1999
2,236,413   		       75/258,037   		       04/06/1999
2,237,441   		       75/258,473   		       04/06/1999
2,237,453   		       75/264,474   		       04/06/1999
2,237,454   		       75/265,094   		       04/06/1999
2,236,420   		       75/266,237   		       04/06/1999
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 41  

2,237,464   		       75/269,819   		       04/06/1999
2,236,423   		       75/273,901   		       04/06/1999
2,236,425   		       75/275,058   		       04/06/1999
2,237,487   		       75/277,173   		       04/06/1999
2,237,493   		       75/277,808   		       04/06/1999
2,237,498   		       75/279,315   		       04/06/1999
2,237,501   		       75/279,356   		       04/06/1999
2,237,517   		       75/282,479   		       04/06/1999
2,237,519   		       75/282,564   		       04/06/1999
2,237,525   		       75/284,711   		       04/06/1999
2,237,526   		       75/285,198   		       04/06/1999
2,237,534   		       75/287,615   		       04/06/1999
2,237,539   		       75/289,040   		       04/06/1999
2,237,541   		       75/289,169   		       04/06/1999
2,237,546   		       75/289,551   		       04/06/1999
2,237,554   		       75/291,218   		       04/06/1999
2,237,556   		       75/291,402   		       04/06/1999
2,237,559   		       75/292,096   		       04/06/1999
2,237,562   		       75/292,609   		       04/06/1999
2,237,563   		       75/292,843   		       04/06/1999
2,237,576   		       75/295,594   		       04/06/1999
2,237,578   		       75/296,123   		       04/06/1999
2,237,583   		       75/298,808   		       04/06/1999
2,236,440   		       75/298,984   		       04/06/1999
2,236,446   		       75/300,784   		       04/06/1999
2,237,595   		       75/301,834   		       04/06/1999
2,237,603   		       75/302,968   		       04/06/1999
2,236,455   		       75/303,254   		       04/06/1999
2,237,606   		       75/303,409   		       04/06/1999
2,237,615   		       75/306,434   		       04/06/1999
2,237,620   		       75/307,554   		       04/06/1999
2,237,627   		       75/309,967   		       04/06/1999
2,237,630   		       75/310,778   		       04/06/1999
2,237,631   		       75/311,367   		       04/06/1999
2,236,473   		       75/313,141   		       04/06/1999
2,237,646   		       75/318,605   		       04/06/1999
2,237,647   		       75/318,818   		       04/06/1999
2,237,656   		       75/321,220   		       04/06/1999
2,236,486   		       75/321,790   		       04/06/1999
2,236,488   		       75/322,690   		       04/06/1999
2,237,664   		       75/323,564   		       04/06/1999
2,236,491   		       75/324,126   		       04/06/1999
2,236,495   		       75/324,756   		       04/06/1999
2,237,671   		       75/325,208   		       04/06/1999
2,236,496   		       75/325,888   		       04/06/1999
2,237,676   		       75/325,979   		       04/06/1999
2,237,678   		       75/326,541   		       04/06/1999
2,237,679   		       75/326,756   		       04/06/1999
2,237,695   		       75/332,214   		       04/06/1999
2,237,696   		       75/332,310   		       04/06/1999
2,236,506   		       75/333,954   		       04/06/1999
2,237,699   		       75/334,025   		       04/06/1999
2,237,702   		       75/334,275   		       04/06/1999
2,237,711   		       75/336,728   		       04/06/1999
2,237,713   		       75/336,925   		       04/06/1999
2,236,509   		       75/337,547   		       04/06/1999
2,237,724   		       75/338,966   		       04/06/1999
2,236,511   		       75/339,176   		       04/06/1999
2,237,727   		       75/340,360   		       04/06/1999
2,237,728   		       75/340,505   		       04/06/1999
2,236,521   		       75/344,683   		       04/06/1999
2,236,523   		       75/345,749   		       04/06/1999
2,237,750   		       75/351,714   		       04/06/1999
2,237,753   		       75/352,652   		       04/06/1999
2,236,536   		       75/353,000   		       04/06/1999
2,236,538   		       75/353,633   		       04/06/1999
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 42  

2,237,759   		       75/356,290   		       04/06/1999
2,236,541   		       75/357,026   		       04/06/1999
2,236,544   		       75/357,983   		       04/06/1999
2,237,767   		       75/359,151   		       04/06/1999
2,237,768   		       75/360,280   		       04/06/1999
2,237,769   		       75/360,383   		       04/06/1999
2,237,770   		       75/360,386   		       04/06/1999
2,237,772   		       75/362,186   		       04/06/1999
2,237,775   		       75/364,042   		       04/06/1999
2,236,564   		       75/365,937   		       04/06/1999
2,237,786   		       75/370,287   		       04/06/1999
2,237,787   		       75/370,713   		       04/06/1999
2,236,573   		       75/371,323   		       04/06/1999
2,236,577   		       75/373,981   		       04/06/1999
2,237,796   		       75/374,081   		       04/06/1999
2,237,798   		       75/374,602   		       04/06/1999
2,237,800   		       75/375,425   		       04/06/1999
2,237,802   		       75/375,631   		       04/06/1999
2,236,583   		       75/380,207   		       04/06/1999
2,236,588   		       75/385,826   		       04/06/1999
2,236,594   		       75/385,986   		       04/06/1999
2,236,596   		       75/385,999   		       04/06/1999
2,236,602   		       75/392,461   		       04/06/1999
2,237,823   		       75/395,107   		       04/06/1999
2,236,608   		       75/397,673   		       04/06/1999
2,236,612   		       75/399,392   		       04/06/1999
2,236,614   		       75/399,469   		       04/06/1999
2,236,619   		       75/400,725   		       04/06/1999
2,237,828   		       75/400,992   		       04/06/1999
2,236,622   		       75/402,292   		       04/06/1999
2,236,627   		       75/402,837   		       04/06/1999
2,236,637   		       75/405,332   		       04/06/1999
2,236,639   		       75/405,851   		       04/06/1999
2,236,641   		       75/406,007   		       04/06/1999
2,236,646   		       75/409,858   		       04/06/1999
2,236,649   		       75/410,177   		       04/06/1999
2,236,662   		       75/414,049   		       04/06/1999
2,237,835   		       75/414,257   		       04/06/1999
2,236,669   		       75/416,252   		       04/06/1999
2,236,682   		       75/420,828   		       04/06/1999
2,236,688   		       75/422,264   		       04/06/1999
2,236,695   		       75/425,089   		       04/06/1999
2,236,696   		       75/425,090   		       04/06/1999
2,236,725   		       75/436,898   		       04/06/1999
2,236,727   		       75/437,441   		       04/06/1999
2,236,735   		       75/439,784   		       04/06/1999
2,236,742   		       75/441,925   		       04/06/1999
2,236,746   		       75/442,445   		       04/06/1999
2,237,838   		       75/443,102   		       04/06/1999
2,236,760   		       75/444,658   		       04/06/1999
2,236,761   		       75/444,837   		       04/06/1999
2,236,764   		       75/445,492   		       04/06/1999
2,236,765   		       75/445,971   		       04/06/1999
2,236,778   		       75/450,709   		       04/06/1999
2,236,786   		       75/453,403   		       04/06/1999
2,236,787   		       75/453,409   		       04/06/1999
2,236,790   		       75/454,032   		       04/06/1999
2,236,792   		       75/454,974   		       04/06/1999
2,236,801   		       75/458,616   		       04/06/1999
2,236,809   		       75/462,127   		       04/06/1999
2,236,813   		       75/464,471   		       04/06/1999
2,236,822   		       75/468,238   		       04/06/1999
2,236,848   		       75/490,845   		       04/06/1999
2,236,849   		       75/490,935   		       04/06/1999
2,236,853   		       75/493,365   		       04/06/1999
2,236,867   		       75/501,476   		       04/06/1999
2,236,874   		       75/511,668   		       04/06/1999
2,236,877   		       75/512,675   		       04/06/1999
2,236,881   		       75/516,112   		       04/06/1999
2,236,886   		       75/526,725   		       04/06/1999
2,236,888   		       75/977,802   		       04/06/1999
2,237,843   		       75/977,862   		       04/06/1999
2,237,849   		       75/977,985   		       04/06/1999
2,237,862   		       75/978,066   		       04/06/1999
2,237,868   		       75/978,178   		       04/06/1999
3,596,889   		       75/983,654   		       04/06/1999
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 43 

Service by Publication 
			    Service by Publication

   A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.

Concorde Group, Ltd., Marlborough, Maine, Registration No. 2876970 for the
mark "C CONCORDE GROUP, LTD.", Cancellation No. 92051519.

							       JANICE HYMAN
						       Paralegal Specialist
				      Trademark Trial and Appeal Board, for
							 LYNNE G. BERESFORD
						Commissioner for Trademarks


			    Service by Publication

   A notice of opposition to the registration of the mark in the
application identified below having been filed, and the notice of such
proceeding sent to applicant at the last known address having been returned
by the Postal Service as undeliverable, notice is hereby given that unless
the applicant listed herein, its assigns or legal representatives, shall
enter an appearance within thirty days of this publication, the opposition
will proceed as in the case of default.

Cynthia Besson, San Jose, CA, Application Serial No. 76548261 for the mark
"LEANRTEEN GENERATION", Opposition No. 91192120.

							    JANICE D. HYMAN
						       Paralegal Specialist
				      Trademark Trial and Appeal Board, for
							 LYNNE G. BERESFORD
						Commissioner for Trademarks

			    Service by Publication

   A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.

Richard J. Messier and Everett A. Lepoer, Jr., Kissimmee, FL, Registration
No. 2952925 for the mark "ATWATER KENT", Cancellation No. 92051150.

							 KARL KOCHERSPERGER
								  Paralegal
				      Trademark Trial and Appeal Board, for
							 LYNNE G. BERESFORD
						Commissioner for Trademarks

			    Service by Publication

   A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 44  

days of this publication, the cancellation will proceed as in the case of
default.

Great Earth Companies, Inc., Farmingdale, NY, Registration No. 2724469 for
the mark "ISOMER E", Cancellation No. 92051387.

							  ROCHELLE L. RICKS
								  Paralegal
				      Trademark Trial and Appeal Board, for
						  	 LYNNE G. BERESFORD
						Commissioner for Trademarks
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 45 

Service by Publication Notice of Complaint for Reciprocal Discipline 
			    Service by Publication
		 Notice of Complaint for Reciprocal Discipline

   The following four documents initiating a reciprocal disciplinary
complaint against Timothy J. Martin have been filed with the United States
Patent and Trademark Office Director: (1) a Request for Notice and Order
Pursuant to 37 C.F.R. § 11.24; (2) a Complaint for Reciprocal Discipline
Pursuant to 37 C.F.R. § 11.24; (3) a certified copy of the August 10, 2009,
Order and Notice of Disbarment of the Supreme Court of the State of Colorado
in The People of the State of Colorado v. Timothy John Martin, Case Number
08PDJ063 (consolidated with 08PDJ094) disbarring Respondent from the practice
of law in the State of Colorado; and (4) a proposed Notice and Order Pursuant
to 37 C.F.R. § 11.24.

   In accordance with 37 C.F.R. § 11.35, the documents were attempted to be
served on Mr. Martin by first-class certified mail, return receipt requested,
to a street address in Lakewood, Colorado, which was the most recent address
provided by Mr. Martin to the Office of Enrollment and Discipline pursuant to
37 C.F.R. § 11.11. The mailing was returned with the explanation that the
addressee had moved and had left no forwarding address.

   Mr. Martin is hereby notified through this publication that he may obtain
a copy of the four documents initiating a reciprocal disciplinary complaint
against him by sending a written request addressed to: Mail Stop OED,
Director of Enrollment & Discipline, United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

October 30, 2009
							     HARRY I. MOATZ
				         Enrollment and Discipline Director
			          United States Patent and Trademark Office


			    Service by Publication
		 Notice of Complaint for Reciprocal Discipline

   The following four documents initiating a reciprocal disciplinary
complaint against Uzair M. Siddiqui have been filed with the United States
Patent and Trademark Office Director: (1) a Request for Notice and Order
Pursuant to 37 C.F.R. § 11.24; (2) a Complaint for Reciprocal Discipline
Pursuant to 37 C.F.R. § 11.24; (3) a certified copy of a January 23, 2009,
order of the Virginia State Bar Disciplinary Board in VSB Docket Nos. 08-
052-07295 and 08-052-072646 revoking Mr. Siddiqui's license, with his
consent, to practice law in the courts of the Commonwealth of Virginia; and
(4) a proposed Notice and Order Pursuant to 37 C.F.R. § 11.24.

   In accordance with 37 C.F.R. § 11.35, the documents were attempted to be
served on Mr. Siddiqui by first-class certified mail, return receipt
requested, to a street address in Manassas, Virginia, provided by Mr.
Siddiqui to the Office of Enrollment and Discipline at the United States
Patent and Trademark Office pursuant to 37 C.F.R. § 11.11. The mailing was
returned with the explanation that it was "unclaimed" and unable to be
forwarded.

   Mr. Siddiqui is hereby notified through this publication that he may
obtain a copy of the four documents initiating a reciprocal disciplinary
complaint against him by sending a written request addressed to: Mail Stop
OED, Director of Enrollment & Discipline, United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

November 3, 2009	  		 	             HARRY I. MOATZ
		 		      Director of Enrollment and Discipline
		 	          United States Patent and Trademark Office
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 46  

			    Service by Publication
		 Notice of Complaint for Reciprocal Discipline

   The following four documents initiating a reciprocal disciplinary
complaint against Edward P. Black have been filed with the United States
Patent and Trademark Office Director: (1) a Request for Notice and Order
Pursuant to 37 C.F.R. § 11.24; (2) a Complaint for Reciprocal Discipline
Pursuant to 37 C.F.R. § 11.24; (3) a certified copy of a November 18, 2008,
Judgment of Partially Probated Suspension by the Evidentiary Panel of the
State Bar of Texas District No. 4F12 Grievance Committee, Commission for
Lawyer Discipline v. Edward P. Black (Case Nos. H0080725108 [HE] and
H0020621956 [ARTINOS]) suspending Respondent's license to practice law in
Texas for a three-year period, actively suspending him for one year, and
thereafter placing him on a two-year period of probated suspension; and
(4) a proposed Notice and Order Pursuant to 37 C.F.R. § 11.24.

   In accordance with 37 C.F.R. § 11.35, the documents were attempted to be
served on Mr. Black by first-class certified mail, return receipt requested,
to post office box addresses in Klein, Texas, and Spring, Texas. One of the
post office box addresses was the most recent address provided by Mr. Black
to the Office of Enrollment and Discipline pursuant to 37 C.F.R. § 11.11.
The other was the address maintained for Respondent by the State Bar of
Texas. Each mailing was returned with the explanation that post office box
was closed and that there was no forwarding address.

   Mr. Black is hereby notified through this publication that he may obtain
a copy of the four documents initiating a reciprocal disciplinary complaint
against him by sending a written request addressed to: Mail Stop OED,
Director of Enrollment & Discipline, United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, Virginia 22313-1450. This is first of two
attempted service by publication in the Official Gazette made pursuant to
37 C.F.R. § 11.35(b).

October 27, 2009					     HARRY I. MOATZ
				      Director of Enrollment and Discipline
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 47 

37 CFR 1.47 Notice by Publication 
		       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing
inventor. The inventor whose signature is missing (Michael Wasecha) may
join in the application by promptly filing an appropriate oath or
declaration complying with 37 CFR 1.63. The international application
number is PCT/CH06/00161 and was filed on 17 March 2006 in the names of
Andreas Natsch and Michael Wasecha for the invention entitled SKIN
LIGHTENING METHODS, COMPOSITIONS AND PRODUCTS. The national stage
application number is 11/909,382 and has a 35 U.S.C. 371 date of 17
October 2008.

		       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all of the inventors. The petition has been
granted. A notice has been sent to the last known address of the
non-signing inventor, Ernest Dainow. The inventor whose signature is
missing may join in the application by promptly filing an appropriate oath
or declaration complying with 37 CFR 1.63. The international application
number is PCT/CA2006/000775 and was filed on 15 May 2006 in the names of
Kha Sin Teow, Ernest Dainow, Leonid Nikolaev and Daniel Thanos for the
invention entitled Content Cryptographic Firewall System. The national
stage application is assigned number 11/914,339 and has a 35 U.S.C.
371(c)(1), (c)(2) and (c)(4) date of 04 September 2009.

		       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Gaby Bader) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/SE2006/000789
and was filed on 28 June 2006 in the name of Gaby Bader for the invention
entitled METHOD, SYSTEM AND COMPUTER PROGRAM FOR DETERMINING IF A SUBJECT
IS SNORING.  The national stage application number is 11/922,987 and has a
35 U.S.C. 371 date of 23 September 2009.

		       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Ron Stilliard) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/GB06/03897
and was filed on 20 October 2006 in the names of Ashely Duddle, Ron
Stilliard and Steve Perham entitled METHODS AND APPARATUS FOR MONITORING
VEHICLE DATA. The national stage application is assigned number 12/091,013
and has	a 35 U.S.C. 371(c)(1), (c)(2) and (c)(4) date of 02 February 2009.

		       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature Matthias Mayer, the legal representative of the
deceased inventor, Roland H. Eberl. The petition has been granted. A
notice has been sent to the last known address of the non-signing legal
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 48  

representative of the deceased inventor. The legal representative whose
signature is missing (Matthias Mayer, legal representative of deceased
inventor Roalnd H. Eberl) may join in the application by promptly filing
an appropriate oath or declaration complying with 37 CFR 1.63. The
international application number is PCT/EP01/11634 and was filed on 08
October 2001 in the names of Roland H. Eberl (deceased), Heinrich A.
Eberl and David Dickerson entitled DEVICE AND METHOD FOR DETERMINING THE
ORIENTATION OF AN EYE. The national stage application is assigned number
10/551,443 and has a 35 U.S.C. 371(c)(1), (c)(2) and (c)(4) date of 04
September 2009.

		       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all the inventors.  The petition has been granted.  A notice
has been sent to the last known address of the non-signing inventor. The
inventor whose signature is missing (Davide BIANCHI) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63.  The international application number is
PCT/EP2007/059022 and was filed 30 August 2007 in the names of Uwe
BANKWITZ, Boris KRANJCEVIC, Alexander DJURDJEVIC, and Davide BIANCHI for
the invention entitled SILICONE COMPOSITION.  The national stage number is
12/309,734 and has a 35 U.S.C. 371(c) date of 20 October 2009.

		       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Glenn Beardsley) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/US2006/036601
and was filed on 20 September 2006 in the names of Glenn Beardsley and
Kenneth Davis for the invention entitled FOOD ROASTER.  The national stage
application number is 12/067,707 and has a 35 U.S.C. 371 date of 06
February 2009.

		       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all the inventors.  The petition has been granted.  A notice
has been sent to the last known address of the non-signing inventor. The
inventor whose signature is missing (Elena PASSERINI) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/ES2005/000514
and was filed 22 September 2005 in the names of Arturo PUIG MONTIEL, Juan
CEBRIAN PUCHE, and Elena PASSERINI for the invention entitled SYNTHETIC
PEPTIDES WHICH REDUCE OR ELIMINATE BAGS FORMED UNDER THE LOWER RIMS OF THE
EYES AND USES THEREOF IN COSMETIC OR DERMOPHARMACEUTICAL COMPOSITIONS.  The
national stage number is 11/664,574 and has a 35 U.S.C. 371(c) date of 05
February 2009.

		       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Erik Camayd-Freixas) may join in
the application by promptly filing an appropriate oath or declaration
complying with 37 CFR 1.63. The international application number is
PCT/US07/00810 and was filed on 11 January 2007 in the names of Clara Elena
Haskins, Donna Lynn Wilkinson, Robert Joseph Smith, Kyle Dianne Vallar,
Paul John Lavrakas, Erik Camayd-Freixas and Pamela Y. Skyrme, entitled
METHODS AND APPARATUS TO RECRUIT PERSONNEL. The national stage application
is assigned number 12/160,183 and has a 35 U.S.C. 371(c) date of 26 May
2009.
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 49 

Registration to Practice 
			   Registration to Practice

   The following list contains the names of persons seeking for
registration to practice before the United States Patent and Trademark
Office.  Final approval for registration is subject to establishing to the
satisfaction of the Director of the Office of Enrollment and Discipline
that the person seeking registration is of good moral character and repute.
37 CFR § 11.7   Accordingly, any information tending to affect the
eligibility of any of the following persons on moral, ethical, or other
grounds should be furnished to the Director of Enrollment and Discipline on
or before December 18, 2009, at the following address: Mail Stop OED,
United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA
22313-1450

Aga, Tamatane Jose, 9201 West 131 Terrace, Overland Park, KS  66213

Alenci, Carolyn Anne, 6126 Arlington Circle, Melbourne, FL  32940

Bansal, Manu, Goodwin Procter LLP, 53 State Street, Boston, MA  02109

Bollinger, John Michael, 203 Marlboro Road, Ardmore, PA  19003

Bondor, Bradford William, 50 Dennis Road, Bloomsbury, NJ  08804

Broaddus, Matthew Clark, 345 Redfish Drive, Freeport, TX  77541-7995

Cadorna, Christopher Palaca, 12103 Valencia Street, Meadows Place, TX
77477

Cooper, Steven Thomas, 440 Katona Drive, Fairfield, CT  06824

Elihu, David Morad, 315 North Doheny Drive, Beverly Hills, CA  90211

Graff, Matthew J., Bereskin & Parr LLP, Scotia Plaza, 40 King Street, West,
40th Floor, Toronto, Ont., M5H 3Y2, Canada

Huck, Emilie Porter, Choate, Hall & Stewart, 2 International Place, Boston,
MA  02110

Ilagan, Marylauren Nanez, Novak Druce + Quigg LLP, 1000 Louisiana, Wells
Fargo Plaza; 53rd Floor, Houston, TX  77002

Kim, Youngchul, 12104 Green Leaf Court, #301, Fairfax, VA 22033

Kittredge, Jason Matthew, 126 Suburban Court, Lexington, KY  40503

Kobayakawa, Yuichi, Panasonic Corporation of North America, 550 South
Winchester Boulevard #400, San Jose, CA  95128

LaBerteaux, Jason Anthony, 21 Owen Street, Apartment 104, Hartford, CT
06105

Lu, Yun Louise, Chan Law Group, LLP, 1055 West 7th Street Suite 1880, Los
Angeles, CA  90017

McGeeney, John Daniel, 59 Hill Road, Louisville, KY  40204

Meier, Douglas William, 1425 P Street NW, #202, Washington, DC  20005

Mukherjee, Shubham, 79 Bellechase Circle, Schaumburg, IL  60173

Ngo, Ivy Tran Pham,Coughlin Stoia Geller Rudman & Robbins LLP, 655 W.
Broadway, Suite 1900, San Diego, CA  92101

Owens, Ryan Rodney, Weil, Gotshal & Manges LLP, 15 West 84th Street,
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 50  

Apartment 3B, New York, NY  10024

Pastore, Brian David, ESET, LLC, 4857 1/2 Narragansett Street, San Diego,
CA  92107

Perilla, Jason Michael, Oblon, Spivak LLP, 1940 Duke Street, Alexandria,
VA 22314

Plehn-Dujowich, Debora, Woodcock Washburn LLP, Cira Center, 12th Floor,
2929 Arch Street, Philadelphia, PA  19104-2891

Raftery, James John, Jones Day, 222 East 41st Street, 1412 A, New York, NY
10017

Rahmeier, Thatcher Albert, Connolly Bove Lodge & Hutz LLP, 1007 N. Orange
Street, Suite 878, Wilmington, DE  19899

Reynolds, Anissa Brickbauer, Davidson, Berquist, Jackson and Gowdey, LLC,
4300 Wilson Boulevard, 7th Floor, Arlington, VA  22203

Scott, William Ashton, 949 CR 217, Jacksonville, FL  32234

Seymour, James Nicholas, Nokia Inc., 6021 Connection Drive, Irving, TX
75039

Shen, Hong, 716 W Weathersfield Way, Schaumburg, IL  60193

Sigler, Andrew Walton, 25624 Normandy West, Perrysburg, OH  43551

Smith, Mollie Marie, Shook, Hardy & Bacon, LLP, 2555 Grand Boulevard,
Kansas City, MO  64108

Spiller, Mark David, 2109 Bearden Street, Davis, CA  95618

Sripathy, Kanchan, 530 Mansion Court, Apartment #106, Santa Clara, CA 95054

Stevens, Joel Lewis, Meyertons, Hood, Kivlin, Kowert & Goetzel, 700 Lavaca,
Suite 800, Austin, TX  78701

Uthaman, Smitha Babu, Frommer Lawrence & Haug LLP, 745 Fifth Avenue, New
York, NY  10151

Weinstein, Philip Louis, IBM, 1400 Waterford Green Drive, Apex, NC  27502

Whitlock, Nathan El Ray, 15 Pedestal Rock Lane, Durham, NC 27712

Wobbekind, Daniel William, 523 59th Street, Oakland, CA  94609

Yarnall, Megan Anne, 6308 Eggert Road, Eureka, CA  95503

Zhelonkina, Alevtina Gennadyenvna, The Johns Hopkins University Technology
Transfer Office, 100 N. Charles Street, 5th Floor, Baltimore, MD  21201

Zhong, Xiaofang, 606 Sunderland Ave, Chester Springs, PA  19425

November 3, 2009 					     HARRY I. MOATZ
					Director of Enrollment & Discipline
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 51 

Patent Public Advisory Committee Annual Report 2009

Patent Public Advisory Committee Annual Report 2009

Logo United States Patent and trademark office department of Commerce

United States Patent and Trademark Office

5 NOVEMBER 2009


 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 52 

PATENT PUBLIC ADVISORY COMMITTEE MEMBERS

 
VOTING MEMBERS
  
 
Damon C. Matteo
Chairman
Palo Alto Research Center
Palo Alto, CA 94304
 
Marc S. Adler
Marc Adler, L.L.C
Wynnewood, PA 19096		   Louis J. Foreman
Enventys
Charlotte, NC 28202
 
F. Scott Kieff
School of Law
George Washington University		   Stephen M. Pinkos
PCT Government Relations, LLC
Fort Worth, TX 76109
 
Maureen K. Toohey
Toohey Law Group, LLC
Boston, MA 02110		    
 
 
NON-VOTING MEMBERS
  
 
Robert D. Budens
President
Patent Office Professional Association (POPA)
Alexandria, Virginia
 
Catherine Faint
Vice President
National Treasury Employees Union (NTEU), Local 245
Alexandria, Virginia
 
Vernon Ako Towler
Vice President
National Treasury Employees Union (NTEU), Local 243
Alexandria, VA 22314
 
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 53 

SECTION I - INTRODUCTION

I.i PPAC Charter

The Patent Public Advisory Committee ("Committee" or "PPAC") was created to advise the Director on the "policies, goals, performance, budget and user fees of the United States Patent and Trademark Office ("Office" or "USPTO") with respect to patents." The Committee’s duties include the preparation of an annual report ("Report") submitted to the Secretary of Commerce, the President, and the Committees on the Judiciary of the Senate and the House of Representatives. This Report has been prepared and duly submitted in fulfillment of that obligation.

The PPAC's charter is established by statute under 35 U.S.C. §5, a complete copy of which is appended to this Report for reference in Appendix C of Section VII.

I.ii Preamble & Guide

This Report is intended to provide the PPAC's perspective and recommendations regarding the major operations of the USPTO and the external factors influencing those operations.

To facilitate review, you will find this Report organized into the following major sections and supporting collateral materials appended to the end in appendices:

A detailed table-of-contents follows on the next page.

Electronic versions (PDF & Section 508 compliant) will be made available on the PPAC section of the USPTO web-site (www.uspto.gov/about/advisory/ppac/). Additionally, this Report will be published in the USPTO Official Gazette in both electronic and hard-copy form.

Note: For additional information, and a complementary perspective on these topics, the USPTO produces its own, more exhaustive annual report which provides the USPTO's views on its operations and performance. The USPTO Annual Report will be available on the USPTO web-site (www.uspto.gov)

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I.iii Table Of Contents

Section
 Title

I 

Introduction 
 

i 

PPAC Charter  
 

ii 

Preamble & Guide  
 

iii 

Table Of Contents  

II 

Executive Summary 
 

1 

USPTO Context & Transition 
 

2 

Office Objectives 
 

3 

Recommendations & Requisites For Success 

III 

USPTO Context & Strategy 
 

1 

Snap-Shot: Current State Of The USPTO 
 

2 

Forward-Looking Vision: Strategic Highlights For USPTO 

IV 

Topical Coverage 
 

1 

Quality & Pendency 
   

1.1 

Quality Section 
   

1.2 

Pendency Section 
 

2 

Finance 
 

3 

OCIO: IT Systems Infrastructure 
 

4 

Human Capital 
 

5 

Outreach 
 

6 

Process: Understanding & Efficiencies 
 

7 

Legislative 
 

8 

International 

V 

Summary Conclusions & Recommendations 
 

1 

Conclusions & Recommendations 

VI 

Score-Cards 
 

1 

Quality & Pendency 
 

2 

OCIO: IT Systems Infrastructure 
 

3 

Human Capital 
 

4 

International 

VII 

Appendices 
 

A 

Transmittal Letter 
 

B 

Committee Members 
 

C 

PPAC Charter (35 U.S.C. §5) 
 

D 

OCIO IT Details  
 

E 

Federal Register Quality Notice & Collaterals 
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 55 

SECTION II – EXECUTIVE SUMMARY

II. Executive Summary

1. USPTO Context & Transition

A series of external events and internal legacy issues led to a challenging and potentially pivotal year for the USPTO in 2009. The broader administration change in the White House additionally ushered changes in leadership and policies at the Department Of Commerce.

The newly appointed Under Secretary of Commerce and Director of The United States Patent & Trademark Office, David J. Kappos inherited an organization challenged by funding, infrastructure, and human capital issues, among others. With him, however, he brought a strategic and focused vision to make the USPTO the premier intellectual property office in the world and enhance its operations – a goal the Committee enthusiastically supports, and looks forward to contributing to going forward.

2. Office Objectives

In order to achieve these goals, a series of high-level issues need to be addressed. Deeply entrenched in the USPTO, these issues touch the product, process and machinery of the patent examination process. The Committee recommends focused efforts and measured objectives for:

  • Pendency & Backlog Reduction – As a first step, the USPTO is targeting ten month pendency to first action on the merits, and looking toward other reductions including re-examination pendency and shrinking the overall backlog currently over 700,000 down to approximately 380,000. PPAC further hopes to see the Office extend this initiative toward the eventual goal of reducing overall pendency to twenty months – in reasoned progressive steps.
  • Patent Quality – Improving the quality of the patent product and attendant patenting process (information, search, duration, work-flow, etc…) is key to providing greater certainty around the timing, scope and validity of patents. The Office should continue both its internal efforts and outreach to various stakeholders in an effort to improve quality continuously in the patenting process.
  • Process – As a thread that runs through and binds many of the Office's other initiatives, process understanding and optimization should figure prominently in the Office's going-forward plans to achieve efficiencies and to increase productivity and quality.

Keenly aware of these issues and their import, the USPTO has also identified these issues among its top objectives. In fact, though barely several months in place, the new administration at the USPTO has begun laying the groundwork to achieve these goals, and equally important, is already making some tangible progress toward meeting these goals. PPAC supports these objectives and looks forward to the Office's continued efforts and success going forward.

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3. Recommendations & Requisites For Success

Just as addressing issues like Pendency and Quality support the plan to make the USPTO an exemplary intellectual property office, so too do these objectives require the support of appropriate resourcing and infrastructure. Long-term underfunding and legacy strategic decisions have left many of these enabling resources in short supply or in disrepair. PPAC sees the following resources and tools as among the most important in service of the Office's objectives (each in turn is treated in greater detail in the Section IV, "Topical Coverage").

  • Funding – Recognizing that the Office is facing continued budget shortfalls arising from both the economic downturn and constraints around the financial tools at its disposal, the Committee supports the prudent application of several approaches to remedy this situation. The first is to give the Office fee-setting authority to better accommodate funding needs, and also to better align costs and incentives with fees. PPAC also supports legislation to permanently end fee diversion and earmarks that sideline USPTO revenue. In addition, the Committee supports allowing the USPTO to employ more flexible financial tools like operating reserves.
  • Infrastructure – Extended periods of inadequate funding and strategic neglect have left many of the USPTO's information technology and computer systems aging and barely adequate to support the tasks at hand. PPAC sees investment (and provision of attendant incremental funding) in this infrastructure on the critical path to supporting success in support of the Office's objectives.
  • Organizational & Hiring – At the core of any organization are its people, culture and work processes. PPAC encourages the USPTO to continue and expand its efforts to align hiring, retention and training with requisite skills, to institute processes with efficient outcome, and to foster a culture that inspires and encourages both.
  • Business Models & Metrics – The current economic situation has dictated a need, but also created the opportunity for the USPTO to explore and implement new business practices and models for achieving its goals e.g. no-cost contracts, external collaboration, outsourcing, etc… to either complement and/or supplant internal efforts. PPAC also encourages the Office to continue to develop objective measures and metrics to support and inform execution against these objectives, as well as progress against them. The Committee encourages this kind of business process "re-invention" by the USPTO in exploring new models, practices and resources for achieving superior outcomes.

Note: A more detailed treatment of the Committee's conclusions and recommendations may be found in Section V, "Summary Conclusions & Recommendations".

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SECTION III – USPTO CONTEXT & STRATEGY

III.1 Snap-Shot: Current State Of The USPTO

Overall, FY 2009 was a challenging year for the USPTO on several fronts. Infrastructure challenges and the impact of budgetary projection shortfalls hindered progress toward targeted goals. External factors also played a role in the current state of the USPTO. Under the strain and uncertainty of the broader economic difficulties, many applicants and patent owners cut budgets for both R&D and reduced patent filing and discontinued maintenance of granted patents. As a result, fee collections did not meet USPTO expectations (which had been projected to increase over 2008) forcing difficult budgetary choices on the Office. The impact of this unexpected fee shortfall helped contribute to the continued backlog of over 700,000 unexamined applications and increased patent first action pendency to an average of 25.8 months.

Because the USPTO is statutorily limited in its response to such budgetary shortfalls, as it has neither the unilateral power to alter its fee structure, nor seek conventional bridging funds. The USPTO's response to the decline in fee revenues was to implement almost $200 million in budget reductions and cost savings measures in FY 2009. While some of these measures were directed at increasing efficiencies (e.g. first office interview pilot), many cut into patent examination capacity including stopping overtime, and effectively suspending all hiring except for the most critical positions, including previously planned new patent examiner hiring (except for offers made as of February 2009). In addition, these cuts struck at the resources and systems upon which the patent examination process and the examination corps rely, including reducing or eliminating all nonessential, information technology (IT) business system improvement projects on the patent side of the house; reducing the funds applied to critical IT infrastructure projects; and reducing the level of services provided by non-IT contracts.

The USPTO positioned itself to operate within reduced fee collection levels through the end of FY 2009 and into FY 2010. Yet, even before the global financial crisis, the USPTO was already straining under the weight of a significant patent application back-log and doing so atop of a fragile, neglected infrastructure. Now more than ever, it is clear that the Office cannot sustain operations in this manner without a significant impact on the U.S. patent system and calling into question the USPTO’s ability to carry out its mission at any acceptable level.

In response and to its credit, the USPTO is an organization in transition. The Office is laying the groundwork for addressing the longer term priorities of improving internal examination and business process, reducing patent application pendency, reducing the backlog of unexamined patent applications, addressing patent quality, modernizing its IT infrastructure, and revising its funding framework. Early indicators of both the direction of this transition and success in its execution include rescinding the controversial Rules Package, and the recent accord on modifying the Count System to better align examiner incentives with workflow, which was ratified by the Patent Office Professional Association ("POPA") on 16 October 2009.

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III.2 Forward-Looking Vision: Strategic Highlights

Preamble:

With its characterization of the current state of the USPTO well under way, along with some of the near-term initiatives designed to raise the level of its performance, the USPTO is also addressing longer term objectives and strategies for the future.

Overall Context:

Looking forward into 2010 and beyond, the USPTO has embraced a set of ambitious goals. Principal among these goals is to significantly reduce average first action pendency to ten months (from its current level of 25.8 months), which would be the lowest in modern times. In addition to this initial pendency goal, Under Secretary Kappos has laid out additional challenges for the USPTO:

  • Improving the quality of granted patents
  • Decreasing the size of the patent application backlog to approximately 380,000 cases (currently at over 700,000 cases)
  • Reducing patent appeals pendency to three months (from its current level of 7.7 months)
  • Reducing re-examination pendency to one year (from its current duration of over two years)
  • Raising the quality of PCT processing to world-class level
  • Modernizing the USPTO's neglected IT infrastructure.

To accomplish these goals, several initiatives are already underway, with more in the planning stages.

To facilitate determinations of patentability, the USPTO will be directing its efforts to improving the quality of granted patents and the efficiency of the patent application examination process while increasing its collaboration with the user community. The intent is both expedite and improve the overall patent application process.

The USPTO has already unveiled a significant change to the examiner "count system" – the methodology for determining the time a patent examiner has to complete a patent examination and how much credit is given to an examiner for each stage of examination. By increasing the amount of time spent on the application at earlier stages of examination, the proposed changes serve a number of objectives including:

  • Setting the foundation for overall pendency improvements
  • Incentivizing quality work at the beginning of the examination process
  • Encouraging examiners to identify allowable subject matter earlier in the examination process
  • Rebalancing incentives both internally and externally to decrease re-work
  • Increasing examiner morale and reduce attrition

To address concerns and to improve patent quality the USPTO has formed a quality task force charged with defining the critical aspects of quality and gathering information from a variety of sources (including varied constituencies from the USPTO stakeholders e.g. high-tech, pharma, university, independent inventor, etc…) with respect to measurable indicia of quality, how they should be analyzed, evaluated, tracked and used to drive improved quality and reduced pendency. As part of this effort the Office will solicit comments through a Federal Register notice and comment process, as well as hold a series of roundtable discussions on the topic – the former is already well underway.

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Other initiatives either ongoing or in the planning stages include:

  • Remediating and establishing a robust IT infrastructure with hardware and software systems capable of supporting all the USPTO’s operations on a 24/7 basis, facilitating full electronic patent and trademark processing, as well as providing enhanced tools and functionality to facilitate increased productivity.
  • Significantly expanding international work sharing projects such as the Patent Prosecution Highway and PCT coordination to increase speed and to capture efficiencies in international applications.
  • Fostering a distributed workforce which will allow the USPTO to hire the best and brightest candidates across the country, better retain valuable employees, and minimize real estate costs associated with workforce expansion.

The impact felt by the decline in new patent applications and maintenance fees experienced by the USPTO this year has been exacerbated by the Office’s current fee structure, created in the 1980’s. The current patent fee structure established relatively low filing fees to encourage entry into the patent process, with the cost of examination heavily subsidized by issuance and maintenance fees paid by successful applicants who wish to maintain rights for the full patent term. While the Office is working with the Department of Commerce, the Office of Management and Budget and Congress on a number of short term solutions; in the longer term the USPTO is seeking the authority to set and adjust patent fees to more accurately reflect the actual costs of providing services to applicants, and to institute structural incentives. The need for greater and more predictable levels of funding for the USPTO reveals itself as a common theme throughout this Report. Budgetary shortfalls are attendant to virtually every area of concern expressed by the Committee in this Report – either as a principal cause, or an exacerbating factor.

New financing tools such as fee setting authority, borrowing authority, operating reserve capability, investment authority, and direct appropriations for specific infrastructure improvements would permit the USPTO to have both greater visibility into its financial situation, update outdated systems and obtain more flexibility in responding to unexpected funding changes without putting the Office in an operational crisis. This kind of flexibility and control is key to not only the effective operation of the Office on a day-to-day basis, but also to enable the Office to undertake and adequately fund necessary long-term strategies for improvement in a financially reasonable way. These longer-term solutions would allow the USPTO to focus on reducing overall pendency, improving quality and investing in infrastructure improvements.

In the near term, the USPTO needs to make additional process changes and obtain the ability to reverse the effects of the financial downturn. The Office needs additional funds to make critical IT capital improvements necessary to stabilize and modernize the IT infrastructure on which patent examination depends. In view of the current job market, there is an enhanced opportunity to hire additional patent examiners and ensure the examining corps is staffed at an adequate level to address the backlog, reduce pendency.

Authority from Congress to institute temporary fee changes can provide a bridging function to the longer term financial solutions and jump-start the USPTO recovery. The USPTO is actively engaged in public outreach to determine the impact of such fees on the inventor community, and in modeling and forecasting to suggest the optimal nature and amount of fee changes. This information can further inform how the fee setting authority should be applied, and facilitate the effective operation of the USPTO and the broader objective of supporting the US innovation economy. By way of an example, a flat 15% surcharge on all fees forecast in FY 2010 is forecast to yield an estimated $200M in additional revenue.

To complement financial bridges on the budget/revenue side, the USPTO will in parallel actively explore and implement process efficiencies to identify and capture cost savings. The USPTO believes the savings in time and resources associated with efficiency gains can bolster the impact of increased revenue generation and increase productivity.

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SECTION IV – TOPICAL COVERAGE

IV.1.1 Quality

Overall: Quality and Pendency

In 2009, PPAC and the USPTO made substantial progress on the Quality and Pendency initiatives reported in the 2008 PPAC annual report.

The Quality Initiative highlights include:

  • Agreeing to a proposed definition of a quality patent
  • Agreeing to a process for identifying indicia of patent quality and the need for metrics
  • Formation of a PPAC/USPTO task force to analyze data and obtain public comments
  • Preparation of a Federal Register Notice for public comment
  • Process for holding public fora to discuss comments
  • Pendency Reduction Plan: Ten month USPTO pendency reduction plan plus additional data collection and possible new initiatives to reduce overall pendency and eliminate backlog (See Pendency Section IV.1.2)

Summary:

It is critically important to patent applicants and the public that patents granted by the USPTO be of the highest quality and that decisions to allow or deny applications be conducted expeditiously. PPAC and the USPTO are engaged in a collaborative effort to define, measure, and improve patent quality and reduce application pendency and backlog. Increasing patent quality is being defined for this purpose in terms of the likelihood that granted patents are of the proper scope, provide clear public notice, are likely to be upheld as valid by courts, and that those claims denied patent protection are affirmed on appeal. Quality is not defined solely in terms of an overall "allowance rate", nor in terms of the commercial usefulness or strength of a claimed invention. It is also acknowledged that any such quality improvement effort will not be perfect, and that subsequent improvements will be required. To that end, one goal is to develop and use objective indicia to refine the quality of the prosecution process and its product, namely claims of proper scope – reducing both the issuance of invalid claims, and the rejection of valid claims. The public requires that each application receives a final decision in as short a time as possible and that the current backlog and overall pendency of applications is unacceptable. Improving patent quality in a manner that leads to increased application pendency is not a satisfactory solution.

In other words patent quality is defined by actions that increase the likelihood that valid claims are granted in an acceptable time from filing to grant or final denial.

Two PPAC/USPTO teams are working on patent quality and patent application pendency. We are of the view that current internal patent operations can be improved to simultaneously increase quality and reduce pendency, and that applicants can be incented to prepare and prosecute patent applications in a manner that will assist in the improvement of patent quality and reduction in patent application pendency. This effort requires a data based, root cause analysis, and public input and participation to identify areas for improvement, offer specific suggestions for improved procedures and define the best metrics that can be used to measure actions taken to optimize operations and drive desired best practices by applicants and the USPTO.

The quality effort will initially focus on three important aspects: search, examination, and the application. Some procedural changes that can improve the thoroughness and accuracy of the examiner’s search and examination as well as best practices for applicants have been identified. Current USPTO quality measures and new initiatives directed to improving the quality of applications, search, and exam will be the subject of a public notice in the Federal Register for input. It is anticipated that public fora will be held thereafter to receive additional suggestions and comments for the quality improvement effort.

The effective operation of the patent process and public certainty requires that each application be processed quickly. The current backlog and pendency of patent applications creates economic uncertainty. The recent dramatic increase in continuing applications after final action, for example, is indicative of a problem.

The goal that needs to be achieved is to reduce the patent application backlog and reduce application pendency to 10 months from application filing to the first Official Action on the merits and ultimately to a final decision in twenty months. This requires significant changes to examiner productivity, performance, resource deployment and internal operations. The USPTO has made a number of changes to address pendency in 2009. These activities and possible suggestions for 2010 are addressed herein under the title "Pendency"

A number of quality and pendency initiatives were suggested in the 2008 PPAC annual report, and while some were begun in 2009, budgetary limitations and management changes impeded some of the efforts. Accordingly, the following discussion focuses on actions that have been accomplished in the last few months of fiscal year 2009.

The quality (validity) of granted patents and the effectiveness of the application process are critical to the effective operation of the patent system. Improvements to search, examination and application thoroughness in compliance with the patent laws and rules can be measured and tracked by focusing on a selected and limited number of indicia. We believe that these indicia can help users and the office improve the ultimate validity (challenges in court etc…) of granted patents and reduce overall patent application pendency.

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Overall Direction Of The Quality Initiative:

Prepare a notice to engage the public in a dialogue about the key quality indicia and process for improving quality and reducing pendency. Reaching a consensus within the USPTO and the user community on the indicia that will be initially measured, tracked and reported will be useful to provide feedback on best practices to the USPTO and applicants to result in higher quality patents.

Highlights:

The PPAC and USPTO have worked well together to move this project along during FY 2009. At this point the team is requesting support from PPAC and the USPTO to launch the public input portion of the project.

High-Level Issues, Objectives & Impact: 

Overview: Obtain public feedback and support for the initiative. Receive suggestions regarding the initiative in general and the indicia and process in particular. Obtain public support for application thoroughness indicia.

  • Priorities & Plan: Send out Federal Register notice for comments. Receive and review comments. Organize public roundtable focused on the indicia and process by the end of 2009 or the first quarter of 2010 at the latest. Evaluate USPTO resources and data to be used in conducting project. Conduct project during 2010, publish results and begin implementing changes. Discussion and acceptance of shared responsibility of both users and USPTO to insure improvements is important. Evaluating data by art areas may be useful to identify additional training and public outreach needs. Using feedback from data and courts by examiners will improve quality. Connecting process improvements to overall patent application pendency is critical to the effectiveness of the indicia and underlying assumptions. Additional indicia may be identified. Public patent law associations may want to participate in supporting the initiative.
  • Requisites For Success: USPTO resources in support of data collection and analysis. Maintaining focus of public fora to specific actions to improve quality rather than general dissatisfaction or specific cases or technology areas will need to be managed. We will need to focus simultaneously on USPTO and applicant responsibilities as well as focusing on pendency reduction as part of quality. In addition, we will need to provide useful feedback mechanism for examiners and public from board of appeals and court decisions. Publication of interim findings and follow up with public are critical. Search improvement, first office action interviews and other initiatives should be factored into quality metrics. Additionally, budget and other USPTO resources will need to be allocated.

Looking Forward

The Office should be exploring new strategic/tactical directions for productivity, efficiencies or new work-practice etc… to benefit USPTO. In addition, the Office should be considering a second round of quality improvement activity.

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IV.1.2 Pendency

Introduction

A quality patent process requires that each application be processed as timely as possible. Patent applicants need to know as soon as possible whether their applications for a patent will be granted in order to make investment and product commercialization plans. Determinations of whether a patent application will be granted should be optimally completed as close as possible to the date the application becomes available to the public. Clear public notice concerning the scope of granted claims is also important for others to avoid infringement and consequently the longer the delay between patent application publication and final determination, the greater the public uncertainty and potential for unnecessary litigation. Currently there is about a two year backlog of over 700,000 applications waiting to be examined. In addition, the time between the filing of the original patent application and the first substantive office action on the merits of the claimed invention is on average 25.8 months. In addition to the backlog and pendency to the first office action on the merits, there has been a substantial increase in requests for continuing applications (refiling of applications under 35 U.S.C. §120) which the current USPTO pendency statistics do not capture.

The USPTO has recently announced that it plans to reduce the pendency of the first office action on the merits to ten months. This is a significantly positive goal and will require substantial evaluation and modification of the current process. In addition the USPTO has also acknowledged that the overall pendency of claims presented in an original application from its filing until its final disposition by way of grant, appeal or absolute abandonment (not in favor of refilling as a continuing application) needs to be tracked and addressed so that overall pendency can be reduced to the ultimate goal of twenty months from original application filing. This ultimate goal must not be accomplished by reducing the quality of the final product and accordingly will take some time. The Pendency initiative is an important and critical step forward to this goal.

USPTO Pendency Reduction Plan

The Secretary Of Comerce established an overall plan for the USPTO to reduce pendency to ten months to First Action On The Merits.

Items in Progress

The USPTO has begun to evaluate the root causes of patent application pendency. This evaluation will include:

  • Defining the major levers/variables that influence pendency
  • Determine both internal and external influences
  • Develop a plan with both internal and external deliverables including:
    • Internal Measures
      • Examination efficiencies
      • Hiring and retention
      • Examining overtime
      • Awards
      • Compact prosecution
    • External Measures
      • Filing rates
      • Re-filings (rework, RCEs)
      • Examining timeframes
  • Accelerated Examination Programs (or Programs for Expedited Examination)
  • Options To Delay Examination
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USPTO Actions To Address Pendency In 2009:

Pendency can be reduced by focusing more time and attention to the front end of the patent application examination process. A highlight of the changes made by the USPTO in 2009 was the first office action interview pilot which was demonstrated to reduce pendency in a substantial percentage of those applications where the applicant and examiner participated to more clearly define and address the critical issues for allowance or final rejection. In addition, the USPTO has developed performance statistics for examiners to identify best practices that can reduce pendency and increase examiner productivity.

  • "Compact" prosecution training: USPTO has expanded its training for examiners to focus their efforts on doing the best job up front to help streamline examination. Tangible results from this training will translate into a reduction of second and subsequent non-final actions, reduced applications with multiple final office actions (filed, withdrawn, etc...) and a reduction in the number of RCEs that are filed due to examiner action. This training has begun and will be completed in December 2009.
  • Revised Count System: Agreement was reached to revise the examiner Count System; to provide examiners with more time to conduct initial search and exam and to lower counts for RCEs. This also includes new examiner performance goals.
  • Examiner interview training: Additional training has been provided to examiners to assist them in negotiating with applicants to reach agreement during interviews.
  • Quality Index Report: The USPTO has begun collecting data regarding examiner efficiency of prosecution to determine "outliers"; those examiners who are either significantly below the average and those achieving significantly better results than average. This data should address specific and systemic issues facing examiners and should identify root causes and "best practices" to improve productivity and pendency by reducing unnecessary Office actions.
  • Pre-first Office Action interview: Pilot was expanded in 2009 and data is being collected.
  • Negotiation authority: USPTO is reviewing internal procedures to assure examiners are sufficiently trained and prepared to work with applicants when they obtain negotiation authority (i.e. independent authority to grant or deny applications).
  • Pendency awards: USPTO is exploring a new monetary award for examiners and managers who reach certain pendency reduction goals.
  • Revising classification process: USPTO believes that process modification to how new applications are classified can save significant time examiners currently spends classifying new cases. The USPTO is reviewing the feasibility of expanding the use of classifications provided by a contractor in the classification of pre-grant publications, to directly place applications on the examination dockets where there is a high accuracy rate. This initiative would require notification to, and negotiation with POPA.
  • Advancing applications out of turn: The Office is reviewing the feasibility of advancing specified applications out of turn as a way to reduce pendency.
  • Exit interview process: The USPTO continues to focus attention on retention and reasons for attrition. Recent attrition data has shown a decrease and backlog data is reported as beginning to show a positive turn.
  • Policy and new initiatives: More information on work sharing and other new policy initiatives, such as possible fee increases, may be considered for 2010.
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PPAC Proposal for Additional Areas Of Investigation

Application Backlog: Provisional applications are not included in the definition of backlog.

While an applicant receives a statutory filing date upon the filing of a provisional application, no substantive examiner work begins until after the applicant files a corresponding original application within 12 months from the provisional filing date. Current USPTO data regarding backlog and pendency is calculated from the original application filing date and not the date of the first filed provisional application.

Overall Pendency: Ultimate Goal

"Pendency" should be defined as overall application pendency from initial filing to final disposition of the claims – whether by allowance, decision on appeal or abandonment. From an applicant's perspective, the application claims are still pending until finally allowed, denied or affirmatively abandoned.

Overall pendency so defined would probably add at least one year to current average pendency statistics. It is recommended that the following data be collected and analyzed to identify problem areas in terms of the process and technology centers experiencing the greatest pendency problems:

  • Average time from application filing to final disposition – whether by allowance, appeal or abandonment (not including abandonment in favor of a continuing application)
  • Average time from application filing to the substantive first Office Action on the merits.
  • Average time from application filing to
    • Classification
    • Interim Action(Restriction requirement)
    • Completion of search
  • Average time from mailing of first Office Action to Final action
  • Average time from final action to decision on appeal
  • Percentage of applications returned to examiner after final rejection by quality review or BPAI after a notice of appeal is filed or appeal decided

Identifying the obstacles to backlog and pendency reduction:

What are the primary obstacles the USPTO currently faces to achieve:

  • Average time from filing to substantive first office Action in ten months?
  • Average time from filing to final disposition in twenty months?

It is recommended that the pendency team explore potential new procedural approaches (absent new statutes or substantive new rules) that can address the root causes and lead to the desired streamlining of application processing.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 65 

IV.2 Finance

Overview:

This year’s report in the area of finance builds upon and extends the relevant portion of last year’s report. As with last year's report, this year focuses on budget (total amount of resources), finance (flow of income and expense), and authority to set fees. This year, focus is also extended to developing a more detailed understanding of fee setting approaches as well as overall organizational fitness. Core recommendations are to emphasize the importance of (1) allowing the USPTO to set and re-set fees quickly; (2) using an incentive-based approach to overall fee structure; (3) and separating the legislative efforts on fees and fee setting from other goals presently articulated in national policy debates about legislative reform such as substantive rule making authority and other changes to patent law and process.

Background:

The USPTO derives its entire budgetary resources from user fees. FY 2009 was off to a strong start with patent fees coming in above anticipated levels; however, patent fees began declining in the 2nd quarter and then dropped substantially in the 3rd quarter. The USPTO ended FY 2009 with patent fee collections approximately $170 million less than estimated in the FY 2009 President’s Budget. Patent application fees and maintenance fees received during FY 2009 decreased over 2% from those received in FY 2008. This downturn stemmed directly from the financial constraints that even the nation’s most innovative companies faced. Whereas once it might have been routine to maintain a patent for its full term and bear the associated fees, or file an initial application, firms looked at every such cost closely.

In response to the FY 2009 decline in fee revenues the USPTO implemented almost $200 million in budget reductions and cost-savings measures, such as: stopping overtime, including over-time used for revenue generating patent productivity; suspending all hiring but for the most critical positions; significantly reducing mission-related travel; curtailing performance awards; suspending training except where mandatory to sustain critical job qualifications; reducing or eliminating all non-essential, non-trademark, information technology (IT) business system improvement projects; reducing the funds applied to critical IT infrastructure projects; and reducing the level of services provided by non-IT contracts. The far-reaching operating reductions permitted the USPTO to complete the fiscal year within the reduced fee collection levels.

Overall, the FY 2009 revenues are roughly the same as the amount collected FY 2008. In addition, preliminary patent fee estimates for FY 2010 also remain flat. To put the trend in perspective, the relatively flat revenue over the three year period does not cover inflationary increases in existing employee salaries over the same time. In fact, most of the reductions taken in FY 2009 are not sustainable over an extended period of time. So while quick actions have achieved the primary objective of paying necessary expenses during FY 2009, they prevent the USPTO from making progress on many its greatest challenges: reducing the backlog of unexamined patent applications; reducing the long pendency of patent applications; and undertaking critical updates to our IT infrastructure and systems. Essentially, the cuts have come at the expense of the USPTO’s long-term health and its obligation to promote the nation’s intellectual property interests globally.

This leaves a significant disconnect between a well-funded operation and the current overall approach towards the USPTO function that envisions thorough examination. And such a disconnect begs at least two straightforward questions: (1) How can operations be more efficiently managed to better achieve existing goals given any particular level of funding? (2) How can funding be increased?

Score Card: Last Year’s Report

The 2008 PPAC Report raised many of these same issues, and then offered essentially three recommendations that are consistent with those explored in the below discussions of focal points. The first is that the USPTO be given greater access to budgetary resources to enable the Office to simply do more. The second is that the USPTO be given greater flexibility in handing matters of cash flow, or finance; so that specific timing of income and expense events do not have such great impact on the ongoing operations of the office. The third is that the USPTO be given the authority to set and change fees quickly, without having to return to Congress for each action on fees. Because Congress has not acted on these core recommendations from last year, they are, again, focal points in this year’s report.

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Focal Points for This Year

A few basic areas of focus have emerged from discussions about the recent difficulties that the Office has encountered relating to issues of budget (total amount of resources), finance (flow of income and expense), and fee setting authority. These three broad topics were focal points in last year’s report, and are similarly focal points in the discussion that follows; but they are not the only focal points. Two additional focal points emerge: the need to develop a more detailed understanding of fee setting approaches as well as overall organizational fitness. Each of these five focal points is discussed below.

Focal Point 1: Budget

The decline of patent applications and maintenance fee renewal rates encountered during the recent economic recession revealed vulnerability in the overall approach to funding the USPTO. The current fee structure establishes relatively low filing fees to encourage entry into the patent process, with the cost of examination heavily subsidized by patent issuance and maintenance fees. These substantially higher fees are paid later in the process by those who are successful in obtaining patent rights and who wish to maintain those rights for the full patent term. The economic downturn has exposed the real-world business risks associated with that model. As a funding mechanism, it is dynamically unstable. It currently relies on the core assumption that patent issuance and maintenance collections ("back-end" revenues) not only will remain stable, but actually will grow to accommodate the fact that the patent examination workload historically trends upwards over time. During FY 2009, the flaw in this assumption opened up a significant revenue gap. Both initial applications and back-end maintenance fee subsidies fell, and with the sharp decline in revenue the entire patent system was put into slow gear, undercutting the USPTO’s basic mission to foster innovation. Without a change in the current fee structure the health of the patent operations will continue to deteriorate.

Focal Point 2: Fee Setting Authority

Unfortunately, under current statutory authority, the USPTO is not at liberty to adjust its primary fees without legislation. This limits the USPTO’s ability to adjust its fees in response to changes in market demand for patent services, processing costs, or other factors. To assure adequate funding levels for the long term, the USPTO needs authority to set and adjust fees administratively, so that it can properly establish and align fees in a timely, fair and consistent manner to recover the actual costs of USPTO operations and without going through the inherently long delays in the legislative process. This will afford the USPTO the opportunity to reform the USPTO’s funding model holistically to operate in a businesslike fashion.

Focal Point 3: Fee Setting Approaches Based on Incentives

The legislative process also limits the USPTO’s ability to use fees as an effective means for managing the application process. For example, fee-setting authority could be used as a tool to encourage positive applicant behavior that helps the USPTO increase efficiency and productivity, and can compensate for applicant-initiated activity that imposes different types of costs, or provide applicants with incentives to act differently before initiating various activities in the first place. Such "market-based-approaches" or "incentive-based-approaches" to fee setting might be based on increased study and understanding of the ways in which particular fees interact (i.e. influence in both directions) with particular behaviors of applicants and USPTO staff, including, but not limited to:

  • Relationship between changes in filing/maintenance strategies and overall national economic downturn; and
  • Relationships between different fee structures and the various "product-mix" proposals that have been under consideration at USPTO over the past few years such as accelerated examination, deferred examination, etc…

Also, fee-setting authority could be used to differentiate fees in accordance with the workload associated with applicant requests. Many current fees are "one-size-fits all" regardless of the complexity or volume of information submitted, or the level of resources necessary for examination or other handling. The Committee recommends that approaches to overall fee structure be based more on such market-based or incentive-based rationales than on other approaches like overall fairness among classes of applicants, etc...

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Focal Point 4: Financing

Together with fee setting authority, the USPTO is exploring new financing tools. Any self-sustaining business has a range of tools at its disposal to guide it through swings in income and spending. Some tools allow unused cash reserves to be put to work or retained for future use. Other financing tools may be kept in the wings with a hope to never use them except in extreme circumstances. Nevertheless, all tools are intended to work together, each with its own utility, in order to financially sustain the enterprise.

The USPTO should be given the tools needed to maintain an operating reserve, and have the authority to invest reserves, and borrow funds in severe conditions that would permit it to adjust for volatility in the economy and/or demand for products and services without putting the USPTO in an operational crisis. Such tools would also permit the USPTO to undertake long-term strategies for improvement in a financially reasonable way.

Focal Point 5: Overall Organizational Fitness

The first four focal points are largely tied to the goal of increasing overall financial resources for the USPTO, with fee setting authority also somewhat tied to improving the efficient operation of the USPTO’s internal operation. The Committee also encourages the USPTO and Congress to specifically consider a broader and more fundamental question:

  • How can operations be more efficiently managed to better achieve existing goals given any particular level of funding?

Developing the data and analysis that are appropriate for a reasoned understanding of this question requires reporting that is sufficient in scope/depth to enable USPTO leadership, Congress, and PPAC to gauge USPTO organizational "fitness", such as would normally be done with a Board of Directors of a private concern. This type of data should include not only current static, or snap-shot views, but also more dynamic and forward-looking information, such as, trending analysis over time including burn rates, internal investment rate of return such as cost per unit of backlog reduction, factors influencing revenue and costs, tactics used to accommodate shortfalls (fees, projects, legislative, etc...), and priorities.

Recommendations: Summary

In summary, the Committee recommends that Congress act to ensure that the USPTO has authority to set and adjust fees, coupled with the ability to maintain operating reserves and use other typical business tools such as investment and borrowing authority. The Committee further recommends that the USPTO be allowed to employ an incentive-based approach to overall fee structure. In addition, the Committee recommends that legislative efforts in support of these efforts should be separated from those in furtherance of the many other goals presently articulated in national policy debates about legislative reform such as substantive rule making authority and other changes to patent law and process. Lastly, the Committee recommends that renewed attention be given to the more basic questions about how internal operations of the USPTO can be adjusted to more efficiently use whatever resources are available.

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IV.3 OCIO: IT Systems Infrastructure

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IV.4 Human Capital

Overview

Human capital is a significant area of concern for the Committee this year. Due to a decline in revenue, caused in significant part by a downturn in application filings and maintenance fee payments, the Office instituted a hiring freeze. As a result, for example, only approximately 600 new hires were made (588 of which were new examiners), representing a significant shortfall from the goal of hiring 1200 new employees during FY 2009. This part-year hiring freeze, combined with a lower, but still impactful attrition rate of 6.3%, resulted in only a very small net gain of examiners for 2009 at 142, and minimal progress toward the Office’s goal of having 8400 examiners in place by 2014. Moreover, on-going budget concerns make it uncertain how many, if any, new hires the Office can make in FY 2010. As a result, the Committee strongly recommends that sufficient funding be put in place to allow hiring of at least 1200 new examiners in FY 2010 and to advance distributed work force initiatives to enable the twin goals of attracting a larger pool of well qualified candidates and enhancing the chance of retaining its experienced examiners for an entire career.

Implementation and Progress

Hiring

The goal for FY 2009 had been to hire 1200 new employees toward the goal of having 8400 examiners in place by 2014. However, due to a decline in revenue caused in significant part by a downturn in application filings and maintenance fee payments, the Office instituted a hiring freeze. As a result only approximately 600 new hires were made, 588 of which were new examiners. This partial-year hiring freeze resulted in a net gain of slightly more than 100 examiners for FY 2009:

 Fiscal 
 Year 		  New Hire Goal   Actual New 
 Hires 		  Examiner Attrition#1   Total Number of 
 Examiners 		  Net Change
 (Year-Over-Year) 
2007 1200 1215 543 ~5500 -          
2008 1200 1211 563 6099 599/111%
2009#2 1200 ~ 600 410 6242 142/102%

1 Including transfers and retirement
2 Before the partial-year hiring freeze was instituted

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 72 

  • Effect of Partial-Year Hiring Freeze on Number of Examiners

    The partial-year hiring freeze and the resultant small net increase in examiners during FY 2009 have made the Office’s goal of 8400 examiners by 2014 significantly harder to reach. Moreover, the impact of the hiring freeze would be further exacerbated if the hiring freeze were to continue throughout FY 2010. The following chart depicts the actual and projected number of examiners (assuming a continued hiring freeze through FY 2010 with an attrition rate of 6.3%) plotted against the goal of having 850 examiners in place by 2014.

    Effect of Hiring Freeze

  • Effect of Partial-Year Hiring Freeze on Other Key Areas

As discussed in detail in the OCIO Section, human capital has an impact on other critical areas of the Office, including the OCIO.

Retention

Retention, however, improved during FY 2009. Particularly in light of the hiring freeze, it is critical that the Office maintain a qualified and competent work force. The attrition rate for FY 2009 was 6.3% including transfers and retirees (5.6% without transfers and retirees), which compares favorably with a 7.9% industry attrition rate. While the Office focused on a number of initiatives to increase retention and employee satisfaction this year, it is also important to note that attrition rate is historically lower during more challenging economic conditions. Accordingly, the Committee recommends that the Office continue to focus on initiatives to further reduce attrition and keep experienced, productive examiners.

Improved Training and Communication

To best utilize the time and resources made available by the partial-year hiring freeze, the Office focused on several improved training and human capital initiatives to increase retention and employee satisfaction.

  • ISO 9001 Certification
  • Strategic Human Capital Guidelines
  • Improved Internal Communications with Examiners
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Initiatives for Geographical Expansion of the Work Force

Overview

Geographical expansion of the Office’s work force could allow for a number of strategic benefits to the Office and applicants: improved recruiting and expansion of exceptionally well qualified applicants, enhanced employee retention (potentially allowing the Office to retain its trained and experienced examiners for an entire career), reduced real estate and infrastructure costs, and improved outreach to applicants. To further these potential benefits, is considering a range of options and there are two major programs under consideration by the Office for geographical expansion of the work force:

  • Distributed work force: This program would place a brick and mortar facility in one or more locations away from the Alexandria headquarters where Office functions, such as examining, interviews, and applicant outreach/assistance are conducted.
  • Distributed work force: This program would allow the use of teleworking tools to allow Office employees to move within the country and telework full time utilizing their home as a duty station.

Implementation and Progress

The Office is conducting a detailed analysis of the various alternatives, including developing a detailed plan with cost estimates for establishing and sustaining additional facilities, analyzing the potential cost of overhead, IT connectivity, out-year sustainability, personnel moves, examining other alternatives for providing outreach to applicants, and reviewing the ability to support the increased IT load.

Additionally, the Office will continue to support and promote the Patents Hoteling Program (PHP) which permits examiners to work from remote locations and only return to the Alexandria campus twice a bi-week.

Further, the Office is supporting the pending telework legislation which could provide the USPTO the ability to create a telework pilot providing increased flexibility in the number of return trips to main campus.

Recommendation

While mindful of the budget constraints and potential for an on-going hiring freeze, the Committee recommends, in addition to the significant need for funding to hire new examiners and critical support functions, that the Office quickly and efficiently complete its study of the various options for geographical expansion of the work force and that sufficient funding be put in place to those work force initiatives in FY 2010. This would enable the Office and applicants to realize the significant potential benefits – expansion of the applicant pool, enhanced employee retention, reduced real estate and infrastructure costs, and improved outreach to applicants – without further delay.

Overall Recommendations

The Committee recommends that the Office re-evaluate its hiring goals in light of the current hiring freeze to determine the optimal number of new employees, and particularly new examiner hires necessary for FY 2010. Further, the Committee urgently recommends that sufficient funding be put in place to allow hiring of that optimal number of new examiners in FY 2010 and to advance initiatives for the geographical expansion of the work force without further delay.

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IV.5 Outreach

Overview

Addressing the needs and concerns of the patent community has been a long standing issue for the Office. Understanding what those concerns are led to the Office initiating a major outreach initiative in FY 2007 to listen to constituents of the patent system, gather their feedback, and look at current practices and procedures. Over a roughly six month period in late 2007/early 2008, data was collected through a variety of focus groups and one-on-one interviews with stakeholders. These included practitioners, academics, CEOs, industry groups, patent holders and independent inventors. The focus sessions typically included anywhere from ten to twenty participants. The one-on-one interviews were held with participants who were unlikely to participate in a focus session but who had a unique contribution to the research. In addition, several one-on-one interviews were conducted with CEOs of large corporations and small businesses as well as with independent inventors. A database was created with over 1100 entries.

The outreach initiative pulled a great deal of information from disparate sources. A number of critical issues were identified through this outreach initiative and the results of the study were initially summarized in the 2008 Annual Report. The feedback led to further discussions on a number of topics and supported the deployment of a few pilot programs the Office was already initiating. Additionally, the study also identified other areas needing improvement. After aggregating the data and sorting the information into major categories, PPAC suggested several actionable areas for additional Office focus and/or pilot programs.

These five items were:

  1. Innovative Hiring and Retention Programs
  2. Enhanced Search Systems
  3. Revise Fee Structure and Deferred Examination
  4. Examination Practices
  5. Reduction of Pendency

A brief description of these items is as follows:

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  1. Innovative Hiring & Retention Programs

    While the Office has consistently stated it "cannot hire its way out of this problem," with reference to the practical limitations on the hiring and training of examiners, examiners must nonetheless be hired and trained. To preserve the investment in that effort, experienced, productive examiners must be retained. Improvements in hiring and retention would produce corresponding improvements in both quality and timeliness. Therefore, the USTPO should continue to create and improve innovative hiring and retention programs, including: expanding the hoteling program, eliminating the duty station requirements to allow for a distributed workforce, establishing virtual regional offices, and reconsidering its pay schedules and other non-monetary perks.

    In addition, the Office should focus recruiting efforts on experienced industry professionals looking for a second career, and/or hire part-time, semi-retired professionals. An expert-on-demand system could be established to assist examiners with technical questions (for example, via a web page where technical questions could be posted and answered, similar to various commercial websites).

    Actions taken: Items Completed or In Place

    During FY 2009, the USPTO continued to expand its existing retention programs. All hoteling and telework programs were expanded, including increasing the number of examiners on the patent hoteling program to 1,654, increasing the highly successful Technical Support Staff hoteling program to 125, and increasing the number of examiners using laptops for overtime to 2,493. The number of managers participating in the Patents Management Telework Program also increased to 651.

    Additionally, the former requirement to return to campus once a week was changed to twice a pay period, providing examiners with additional flexibility. The Office also expanded its part-time program to 125 slots, and continued to pay recruitment bonuses.

    Items in Progress & Future Implementation

    To assist in the Office’s retention efforts, as well as provide a variety of other benefits, the Office is currently undertaking a major revision to the count system, which, inter alia, gives all examiners more time per case. This addresses a frequently-cited cause of attrition among examiners.

    Finally, pending legislation would eliminate on-campus requirements for hotelers, potentially allowing for a distributed workforce in the near future.

     December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 76 

  2. Enhanced Search Systems

    Currently Office search systems are based predominantly on systems developed many years ago. While these systems have proven over time, stakeholders frequently cited the need for improvements. The Committee recommends that the Office develop and deploy its next generation of search tools as soon as possible. The Committee recommends that existing commercial search knowledge be leveraged as much as feasible to take advantage of ongoing advancements in search engines. Any future systems should be capable of communicating with counterpart systems in other major patent offices (such as the PCT), and should also provide simultaneous access to multiple databases, including US, foreign, and non-patent literature databases, to enable high-quality, time-efficient searches. The Committee believes that significant improvements in available search tools would lead to commensurate improvements in the quality of issued patents.

    Actions taken: Items Completed or In Place

    While large-scale improvements to the Office’s search systems were unfeasible due to budgetary constraints, several smaller enhancements were made. The Office deployed an interference search tool in EAST/WEST which allows full text searching of all pending applications.

    Additionally, the "Prosecution Passport" was deployed, allowing examiners to access foreign file wrapper information for foreign priority applications, including search and examination results with machine translations. Also in the area of improved work sharing with other patent offices, the USPTO continued harmonization efforts directed to systems harmonization of applications, databases, examination tools, policies, and performance measures (the IP5 Foundation projects).

    Items in Progress

    In FY 2009, the Office began a pilot of the Examiner Collaboration Center (ExCC), an online networking site, to 110 examiners, plus supervisors in TC 2400. The ExCC allows examiners to create user communities, blogs, and discussion forums, and provides a wide variety of information and tools to the users. To date users have posted a mix of business and social posts, with work-related content predominating.

    Items for Future Implementation

    Going forward, the Office needs to fully implement the OCIO’s Roadmap to stabilize and upgrade the IT infrastructure (work on which continued the past year), implement the Patent File Wrapper (PFW), and develop ‘smart’ search systems (search by automated linguistic analysis) or other advanced search tools.

     December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 77 

  3. Revise Fee Structure and Deferred Examination

    As is widely known, stakeholders were generally opposed to the Office’s proposed rules on claims and continuations. Some stakeholders proposed an abandonment of the rules package in favor of a tiered fee structure that would allow as many claims, or as many continuation applications, as an applicant desired, but impose a ratcheted fee structure that increases fees with each claim over a specified number, and with each continuation application beyond a specified number. In the stakeholders’ view, enhanced costs would act as a disincentive to aggressive claiming or continued prosecution of all but the most important inventions and would achieve the same results as the claims and continuation rules package.

    Among the highest priorities for the Office is creating a sustainable fee structure. Both near term and long term funding issues must be addressed. The Office is looking for the ability to set and change user fees quickly, without the approval of Congress on each change. This fee setting authority would allow the Office to adjust its fees in response to market changes and also to develop an incentive based approach to overall fee structure.

    On a related subject, other stakeholders proposed a deferred examination program by which an applicant could elect when to advance an application for examination, with the possible times ranging from three to seven years following the initial filing. The stakeholders suggested that many applicants will ultimately come to the conclusion that many inventions lack commercial viability, but that that realization often comes after examination is already in progress or complete. A deferred examination would allow applicants to file early to "stake out their territory," as it were, and then wait to assess commercial viability at some future time. The Committee accepts this conclusion as valid, and would support a deferred examination program provided provisions were in place to prevent applicants from adding claims to a long-latent application based on ideas first seen in the marketplace. The Committee recommends the Office investigate more thoroughly ways of implementing this idea or alternate approaches.

    Actions taken: Items Completed or In Place

    Under Secretary Kappos, rescinded the controversial claims and continuations rules package originally proposed in 2007. The rules package was intended to address the number of continuation applications and the number of claims allowed within each application. While the intent of the rules package was to improve efficiency and enhance the quality of examination, many were opposed to the impact that these new regulations would create.

    The Office published a Federal Register notice requesting public comments on deferred examination in January 2009 and conducted a Deferred Examination round table in February 2009. The roundtable included twenty-three participants, representing a variety of industries and organizations, who provided the USPTO with a variety of opinions on the issue. The participants discussed:

    • The advantages and disadvantages of revising the deferred examination system in the U.S.;
    • The potential impacts such a revised system would have on applicants, their competitors, the public, and the USPTO; and
    • How such a revised system could/should be implemented.

    The USPTO received comments from four IP organizations, nine corporations and eleven individuals. There is no consensus in the comments. A number of comments favored a change to the system, while a number of the comments expressed concerns that a revised deferred examination system would not work. The Office continues to review the issue.

    Items in Progress & Future Implementation

    • Legislative proposal for a 15% surcharge
    • Continued analysis of the deferred examination issue
    • Continued analysis of a sustainable fee structure
    • Restructuring of the current fee system [Future]
    • Implementing a deferred examination program [Future]

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  4. Examination Practices

    Stakeholders overwhelmingly favored examiner interviews as one of the more effective means of advancing prosecution. Suggestions varied from pre-first action interviews to interviews at other stages of the prosecution. For example, applicants could be given one post-final interview as a matter of right. (Currently it is at the examiner’s discretion.) Another stakeholder (from patent practitioner group) proposed requiring applicants to explain the differences between a Continuation In Part application and the parent application, or between an application and its foreign priority document(s). This would clearly provide a benefit to examiners in determining the effective filing dates of each of the pending claims.

    Stakeholders also expressed considerable interest in changes to certain Office examination practices, notably restriction practice and final rejection practice. In general a more lenient approach by the Office was desired. Some stakeholders proposed that the examiner send a notice to the applicant that the application was about to be examined, and require the applicant to respond with a confirmation of "intent to prosecute" the case. Failure to respond to the notice would lead to abandonment of the case. Stakeholders perceived this as an effective means of weeding out cases in which the applicant had already effectively discarded the application and preventing the waste of examiner resources.

    Actions taken: Items Completed or In Place

    The Office continued to make significant headway in improving examination practices during FY 2009, despite its well-documented budget challenges. For example, traffic increased on the Patent Prosecution Highway (PPH), which now includes Australia, Canada, Denmark, EPO, Finland, Germany, Japan, Korea, Singapore, and the United Kingdom. Over 1900 cases were filed in the PPH program. Such cases are examined much more quickly and efficiently than non-PPH cases, with PPH cases having roughly half the actions per disposal of non-PPH cases (1.7 vs. 2.7) and being allowed at a 90% rate versus 40% for non-PPH cases.

    Addressing the top-rated topic of interest for applicants, interviews, the Office launched the first action interview pilot in FY 2009. Approximately 5000 applications in TC 2100 were eligible for the program, of which 500 actually did request to join the pilot. Over 300 interviews have been held, resulting in 23% first-action allowances (vs. 3.6% for non-pilot cases). The pilot has been expanded to selected art units in every TC during FY 2010, with some modifications made to certain technical details of the original pilot to make it more user-friendly.

    The Office also made a number of changes to quality assurance practices in line with suggestions received by our stakeholders. Universal 2nd pair of eyes was eliminated, and Office of Patent Quality Assurance (OPQA) personnel began working more closely with TC personnel in training, appeal conferences, and one-on-one counseling, rather than simply reviewing cases. Major corps-wide training initiatives including interview practice and compact prosecution training were also given.

    Items in Progress

    In the first months of FY 2010, the Office will be unveiling a Green Technology Program which provides special status for environmentally friendly ‘green’ applications, as well as a backlog reduction stimulus which provides special examination status for one case in exchange for the abandonment of another.

    The count systems changes which go into effect in the 2nd quarter of FY 2010 will reduce the credit associated with RCEs, which is a first step in an overall reduction in RCE filings.

    Among the major items for future implementation is a revision of quality metrics in collaboration with stakeholders. This initiative aims to review and revise how quality is measured, improved and reported.

     December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 79 

  5. Pendency Reduction

    Stakeholders expressed concerns over the current time before a first office action. While total pendency is a major issue that is also addressed in this report, pendency for first office action is also a public concern that the current administration has identified as a major initiative for FY 2010 and beyond. It is the goal of the USPTO to reduce the first action on the merits ("FAOM") pendency to ten months.

    Actions Taken: Items in Progress

    The USPTO has begun formulating an overall plan to drastically reduce FAOM pendency to ten months as established by the Secretary of Commerce. Among the steps in the planning process are defining the major levers/variables that influence pendency, determine both internal and external influences, and developing a plan with both internal and external deliverables. Internal variables include examination efficiencies, hiring and retention, examining overtime, awards, and compact prosecution. External variables include filing rates, re-filings (rework, RCEs), examining timeframes (accelerated examination and deferred examination) and fee revenue structure.

    PPAC supports and applauds the Office and its current initiatives undertaken in response to the Outreach Report of 2008. We recognize, given the unusual and severe economic times we are experiencing, that many other issues have become higher priority. There has been an overall willingness on the part of the Office to listen to the voice of the consumer and seek ways to improve the current system. While FY 2009 has been a difficult year from a budgetary stand-point, significant efforts have begun to address some of the major issues by re-focusing efforts and prioritizing available resources.

    The 2008 PPAC Annual Report, and the data collected as part of the Outreach program, established a baseline to gauge future data and actions. Actions have been taken by the USPTO to begin addressing the most pressing items identified in the report. Reacting to the 2008 Outreach report is important, however, continued polling of stakeholders needs to be done to ensure that the Office stays in touch with its constituents. As these pilot programs and initiatives begin to yield results, further interaction with the public should continue to provide meaningful feedback on their effectiveness and how the public perceives the solutions.

    Public perception of the USPTO also needs to be addressed. There is a unique opportunity here, with a new administration and the appointment of Under Secretary Kappos, to address the current concerns and issues. A more pro-active and collaborative approach to outreach should be considered to raise awareness and properly monitor the public's view of the activities and practices of the Office. Additional outreach is needed for the public to voice its opinions.

    Additionally, the Office of Public Affairs has the opportunity to take the stage, create transparency and present the Office as an agency that is cognizant of the issues and willing to address them. Innovation is essential for this country to recover from the current economic recession and to provide entrepreneurial activity and job creation. As an engine that helps drive innovation, the USPTO needs to assure the innovation community of its ability to engage in and address the issues it is faced with.

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IV.6 Process: Understanding & Efficiencies

Through the PPAC Annual Report and via PPAC public meetings, PPAC seeks to understand and support an internal management structure and process for addressing agency-wide issues such as human resources, information technology and contracting, as well as critical patent organization issues such as patent quality and pendency. Sound process and process improvement is key for efficiency, cost, personnel and other improvements at the USPTO.

In its 2008 Annual Report, PPAC recognized the need for a process improvement at the USPTO and supported the Office’s creation of the Chief Performance Improvement Office (CPIO). This new Office was developed to (among other things) implement a comprehensive strategy to undertake and ensure continuous process improvement throughout the USPTO. The Chief Performance Improvement Officer ("CPIO") serves as the principal advisor to the Under Secretary and Deputy Under Secretary for leading the development and implementation of performance management policies, tools, and initiatives to effectively, efficiently and continuously improve USPTO performance.

We continue to believe that the CPIO is a significant indication of the Office’s commitment to reviewing, analyzing, standardizing, and improving its myriad processes. Last year, we indicated that the success of the CPIO depended upon a robust commitment on the part of managers from all business units of the USPTO in support the goals and activities of the CPIO, and that the Under Secretary must ensure the CPIO is able to design and direct activities, beyond just cataloging efforts underway. Additionally, the CPIO’s efforts must employ continuous improvement metrics and review processes.

2008 PPAC recommendations:

In last year’s report, the Committee recommended that the CPIO:

  • Map the examination process within each Technology Center ("TC") to determine if any variations discovered are based-upon the underlying technology and if not, work toward standardizing the process.
  • Consider adopting international or industrial standards for its process improvements, as to the specific type of program, such as ISO or Lean Six Sigma, etc…

2009 USPTO progress:

The USPTO has not specifically mapped the examination process for each TC to uncover variations. However, several activities were concluded to standardize processes in the Patent Organization including:

  • Mapping the signatory review program across each TC and standardized processes
  • Conducting a complete review of the examiner "count" system and standardizing the compensation practices independent of the TCs.
  • Reviewing and standardizing examination criteria regarding subject eligibility of 35 U.S.C. §101.

Additionally, the CPIO has facilitated initial strategic level efforts to map the overarching Patents Lifecycle with the intent of better understanding the horizontal inter-relationships of the value streams that flow cross-functionally through and beyond the Patent organization to serve USPTO stakeholders.

Regarding the second 2008 PPAC recommendation, a principal task of the CPIO since its inception, and pursuant to direction from Congress, has been the undertaking of steps to adopt the Baldrige principles to improve organizational performance practices, facilitate communication and sharing of best practices; and serve as a framework for understanding and managing performance.

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In furtherance of these adopting Baldrige principles, to date, the USPTO has:

  • Provided initial training/education to key representatives from the Business Units within the USPTO on the principles of Baldrige and Lean Six Sigma.
  • Utilized several performance improvement tools such as:

    • ISO 9001: The Patent Training Academy ("PTA") passed its Stage 2 audit on 10 June 2009, with no nonconformities and has achieved ISO 9001 registration.

    • Process Mapping: The Trademark Business Unit has documented/mapped its entire workflow. This effort will assist them in their overall process management efforts by helping to identify opportunities for future process improvements, develop consistent procedure manuals, and revise performance standards.

    • Information Technology Infrastructure Library (ITIL): A framework of Best Practice guidance/approach for IT Service Management to ensure that IT services are aligned to the business needs and support them. ITIL is in the early deployment stages within the Office of the Chief Information Officer.

    • Lean Six Sigma: This methodology/toolset for process improvement is in the early stages of deployment.

According to the Office, several other Baldrige activities are in progress. The principle in-progress activity seems to be a multi-phase effort to implement an enterprise-wide Strategic Management Process that integrates strategic and action planning, deployment of plans, alignment of resources and validating, measuring, and adjusting plans as circumstances change. Several activities within the Strategic Management Process are currently underway, including, enterprise profile, enterprise assessment, and modification to the USPTO strategic plan.

Current PPAC Recommendations:

PPAC continues to believe that the USPTO must consistently endeavor to elevate the effectiveness of USPTO programs by implementing proactive, systematic and standardized program evaluations in a consistent and proactive manner. In an agency as large as the USPTO, it is simply too easy for disciplined and sustained process improvements to be cast aside in the rush to implement "change" and meet short-term obligations and deadlines without understanding the downstream impacts and potential adverse effects on the larger patents system, USPTO employees, patent applicants, and stakeholders. Here is where the true long-term value of the CPIO lies – facilitating and nurturing an enterprise-wide culture of performance excellence through the effective deployment of the USPTO Strategic Management Process.

Further, Secretary of Commerce Gary Locke has issued a clear and direct challenge to reduce first action pendency on patent applications from approximately 25.8 months to ten months. PPAC agrees that a disciplined approach to reducing first action pendency to ten months is a noteworthy endeavor and the first step in significantly reducing the overall pendency rates. Certainly, serious process improvement will play a pivotal role in achieving and sustaining this performance milestone.

PPAC makes the following specific recommendations:

  • Take immediate action to fill the permanent CPIO position and associated staff positions with highly qualified individuals as soon as possible.
  • Press forward with full and effective deployment of the USPTO Strategic Management Process ("SMP") – facilitated by CPIO – as a disciplined, fact-based process to drive sustained performance improvement through clear ownership and accountability coupled with effective decision-making and priority-setting.
  • Under the SMP umbrella, task CPIO to facilitate further decomposition of the Patent Lifecycle to target and address specific process improvement projects focused at taking the first steps toward significantly closing the existing performance gap with respect to first action pendency.
  • The CPIO and its mission can only succeed through the consistent and visible leadership, support, and commitment of Under Secretary Kappos and Office management.
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Overview of Proposed USPTO Count System Changes

A significant example of systematic change that is occurring at the USPTO is the recently enacted Count System for patent examiners. After roughly six weeks of direct negotiation, USPTO management and POPA agreed to change the manner in which patent examiner "count system" operates; i.e. how patent examiners are given "credit" for the work they perform. The proposed changes to the count system set forth the most significant changes to the USPTO’s count system in over 30 years. This agreement was approved by POPA membership on 16 October 2009. The team is now working with POPA on the implementation and timing details.

Highlights of the changes include:

  • Examiners will receive more time per application for examination.
  • A fundamental shift in the way work is credited to encourage examiners to devote a larger percentage of time examining the application early in prosecution. Additionally, examiners will be provided time for substantive examiner-initiated interviews in patent applications.
  • Work credit will be diminished for applications having a Request for Continued Examination ("RCE") in order to better align credit with the examination effort required and to seek a reduction in the "churning" of applications and instead, promote compact prosecution.
  • Examiners will receive consistent credit for receiving transferred or "inherited" amendments as a result of examiner attrition.
  • Award incentives will be expanded.
  • An increase in work credit certainty for examiners by setting work submission guidelines that are clearly defined for all patent examiners.
  • Enhanced fairness to applicants by implementing a more disciplined examination order of applications based upon application filing dates.

This count system package is intended to lay the groundwork for long-term pendency improvements, in part by shifting the examination focus to concentrate examiner efforts on addressing issues with applicants early in the examination process and producing a quality first action on the merits. In addition, the time granted to examiners in order to initiate interviews, combined with the emphasis placed on quality first office actions is designed to create an atmosphere conducive to the identification of allowable subject matter earlier in prosecution.

PPAC commends the USPTO management and POPA for this significant achievement. We support the goals of the new count system, in particular the goal of a more "compact" patent examination process whereby applicants and the Office can come to a quick and clear "resolution" of each case. This agreement sets the foundation for higher quality patent applications, higher quality examinations and lower pendency. Of course, it is critical that the implementation of the system matches its design. PPAC will join the USPTO and POPA in monitoring the effectiveness of the new system over the coming months. For example, considering that the new count system gives more time for patent examiners to work on each case, it is critical for pendency purposes for cases to be resolved earlier in the process. The system is clearly designed for this but appropriate examiner and applicant behavior is also necessary to achieve the intended result rather than a further increase in the application backlog.

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IV.7 Legislative

The USPTO continues to be affected by the action, or inaction, of the United States Congress. The past year has seen an uptick in legislative activity related to the USPTO, primarily due to USPTO budget challenges and apparent increased Congressional interest in USPTO operational issues. Of course, "patent reform" legislation (S. 515 and H.R. 1260) continues to receive consideration from the Congress and the Senate Judiciary Committee's reported version was the subject of a Department of Commerce views letter.

Fiscal Year 2009 Appropriations:

The appropriations act eventually passed by Congress (P.L. 111-8), included authorization for the USPTO to spend its fee collections, as well as directed spending language that has impacted USPTO operations.

To begin with, the omnibus appropriations bill for the fiscal year ending 30 September 2009, authorized the USPTO to spend $2,010,100,000 in FY 2009, an amount the USPTO originally projected to collect in fees in FY 2009.  Thus, the FY 2009 USPTO appropriation appeared to be "diversion free," in the sense that the Congress did not authorize the USPTO to spend less than its projected fee collections.  However, the Congress did direct the USPTO to spend money in several ways that was left outside the discretion of USPTO management. 

Specifically, the bill required the USPTO to: 

  • Transfer $750,000 to the Department of Commerce for activities associated with the National Intellectual Property Law Enforcement Coordination Council.
  • Withhold $5,000,000 until the Director of the USPTO completed a comprehensive review of the assumptions behind the patent examiner expectancy goals and adopted a revised set of expectancy goals for patent examination.  (This was essentially an impossible task given the transition to a new Administration and the time necessary for union approval for a "revised set of expectancy goals for patent examination.")  Thus, in an incredibly tight budget year for the USPTO, $5,000,000 in user fees were unavailable for expenditure and it is uncertain whether the USPTO will ever have access to this $5,000,000 and whether that amount was or will be diverted to the general U.S. Treasury.
  • Pay for post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees. To the Committee's knowledge, such costs for every other U.S. government entity are paid from the general U.S. Treasury. 
  • Transfer $2,000,000 to the Department of Commerce’s Office of Inspector General for activities associated with carrying out investigations and audits related to the USPTO. 
  • Spend no less than $4,000,000 for USPTO selected partnerships with a non-profit organization or organizations to conduct policy studies, conferences and other development programs in support of fair international protection of intellectual property rights. 

Additionally, the omnibus appropriations bill for the fiscal year ending 30 September 2009, contained the following "report language":

  • "However, the sustained increase in the number of applications that has given rise to the increasing backlog is largely a consequence of a globalized economy in which applicants are filing in more than one jurisdiction. This means that the USPTO and other national patent offices are duplicating one another's work. The Government Accountability Office has found that the hiring of additional patent examiners has not been sufficient to reverse this trend, and is therefore unlikely to resolve the backlog problem. Therefore, the most likely means of reducing the pendency of patent applications is for the leading patent offices to make more effective use of one another's work. The USPTO is directed to take actions to reduce duplication of work already performed by another patent office in a manner that does not compromise the quality of the examination or compromise the sovereignty of the United States."
  • "The USPTO is also encouraged to review its proposed rules changes so that they fall within the statutory authority of the Director and take into account the concerns of the majority of users of the patent system."
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Fiscal Year 2010 Appropriations:

Congress is currently considering the appropriations bill (H.R. 2847) that provides funding for the USPTO for FY 2010.   Both the House and Senate versions permit the USPTO to spend up to $1,930,361,000, which is the amount the USPTO projects to collect in fees in FY 2010. In the reports accompanying the appropriations bills under consideration, both the House and Senate continue to express concern about patent pendency and quality, as well as patent examiner attrition.

The Senate's committee-reported bill restricts USPTO access to $25,000,000 until the Director "has completed a comprehensive review of the assumptions behind the patent examiner expectancy goals and adopted a revised set of expectancy goals for patent examination." (As noted above, the enacted FY 2009 appropriations bill withheld $5,000,000 from the USPTO based on comparable language.)  It is unclear whether the recent negotiation between the USPTO and POPA, and approval by POPA membership, of a new count system will satisfy this congressional mandate.

The Senate’s version for FY 2010 also seeks to transfer another $2,000,000 from the USPTO to the Department of Commerce’s Office of Inspector general for "activities associated with carrying out investigations and audits related to the USPTO."

The House-passed version mandates the USPTO to spend another $4,000,000 for USPTO selected partnerships to conduct policy studies, conferences and other development programs in support of fair international protection of intellectual property rights.

In regards to the backlog of patent applications, the House Appropriations Committee noted that "The increasing back load is largely a consequence of a globalized economy in which applicants are filing in more than one jurisdiction. This means that the USPTO and other national patent offices are duplicating one another’s work."  The Committee noted the USPTO’s work sharing efforts with other patent offices but concluded that "the USPTO’s efforts have proceeded very slowly and have not yet resulted in significant relief for the USPTO," and thus, "The Committee directs the USPTO to enhance its efforts to reduce duplication of work already performed by another patent office in a manner that does not compromise the quality of the examination or compromise the sovereignty of the United States, such as the Patent Prosecution Highway, the Trilateral Strategic Working Group, and technical cooperative agreements with intellectual property offices in other countries. The Committee directs USPTO to provide a report to the Committee on its progress within 30 days of enactment of this Act."

Legislation to Address the Patent Budget Shortfall

In July 2009, Congress responded to the FY 2009 USPTO budget shortfall by passing legislation (P.L. 111-45) permitting the USPTO to use up to $70,000,000 in Trademark fee collections to support "the processing of patents and other activities, services, and materials relating to patents."  However, the legislation includes a significant qualification that was not widely reported.  In order to tap this $70,000,000, the Director of the USPTO must certify in writing to the Congress that the use of the funds is "reasonably necessary to avoid furloughs or a reduction-in-force, or both, in the United States Patent and Trademark Office."  The reality is that the Director must cut every other reasonable area of the budget before such a scenario would kick in.  Consequently, this legislation did not prevent the USPTO from having to cut hiring, retention bonuses and other measures that were helping to stem the tide of patent pendency. The "borrowing" authority under this law terminates on 30 June 2010.

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Recommendations:

PPAC continues to strongly recommend the enactment of legislation to permanently end the diversion of USPTO fee collections to other government functions.  This will provide the USPTO with the certainty in planning that a performance based organization needs.

Furthermore, we recommend the elimination of language directing the USPTO to spend money in a certain manner or language withholding money (thus, arguably diverting it back to the general treasury) for lack of particular action.  These provisions are extremely shortsighted and detract from the USPTO’s ability to address the important issues of pendency and quality.  Instead, we recommend that if Congress, for example, desires a "revised set of expectancy goals for patent examination," then the Congress should work with the USPTO to achieve this goal or pass legislation mandating what it wants.  To take away $5,000,000 for a requirement that was unrealistic during a time of leadership transition is punitive.  It harmed USPTO operations and thus, innovation in America due to the fact that the USPTO had to cut back on hiring, overtime, bonuses and other measures that were making a difference in reducing the patent application backlog.  Similarly, the $4,000,000 directive for "policy studies, conferences and other development programs in support of fair international protection of intellectual property rights" supports an admirable goal. However, given that the USPTO already spends a significant amount of money supporting the global protection of intellectual property rights, it is our opinion that the majority of American innovators believe this money could be better spent to ensure more rapid examination of U.S. patent applications. 

We strongly recommend that the USPTO no longer be required to directly pay for post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees.  This obligation cost the USPTO over $50 million in FY 2009.  It is our understanding that legislation was recently enacted that removed this same obligation from the U.S. Postal Service so that now these expenses are paid from the general U.S. Treasury on behalf of every agency of the federal government except for the USPTO.  

Due to the reduced fee collections resulting from the economic downturn, the USPTO continues to face very difficult budget issues.  In FY 2009, the USPTO had to cut spending in some very dramatic ways and this has significantly slowed its progress in reducing the backlog of new patent applications and toward a higher quality patent examination process.  The outlook for FY 2010 is also bleak, with the USPTO projecting a shortfall of up to $200 million. 

We believe the Congress should provide the USPTO with the short and long-term fee setting flexibility it needs to respond to, or prevent, such a budget crisis.  Additionally, in an extremely difficult budget scenario such as the USPTO encountered in FY 2009, and is facing in FY 2010, we believe Congress should provide a direct appropriation to the USPTO to assist with their budget shortfall.  This certainly should not be the norm, but sometimes dramatic times call for dramatic action especially considering the critical role the USPTO plays in U.S. innovation and economic growth.   We note that such a request comes within the context of Congress recently passing a nearly $800 billion stimulus bill and intervening in dramatic fashion in the financial services and automotive industries.  In this context, a direct appropriation to the USPTO to supplement its fee collections does not seem so radical.

Additional Legislative Issues and Recommendations:

PPAC believes reform to the judicially created doctrine of "inequitable conduct" is necessary.  There should be harsh penalties in place for individuals and/or entities that perpetuate fraud upon the USPTO and thus, the public.  However, the manner in which inequitable conduct doctrine currently plays out chills open and productive communications between patent applicants and examiners, and leads to excessive litigation costs. The fact that inequitable conduct is frequently pleaded during patent litigation affects an applicants' ability to interface with the USPTO and share potentially useful information that could lead to a timely and fair disposition of their patent application.  In order to facilitate this interaction between the office and the applicant, there must be reasonable reform to the inequitable conduct doctrine so applicant information sharing and arguments are not influenced by or "gamed" for potential future litigation purposes.

Regarding the issue of "post-grant review," PPAC believes there should be effective and efficient procedures in place, aside from litigation, to resolve post issuance disputes regarding the validity of issued patents.  We understand there are various proposals under consideration including a new "post-grant review" process within the USPTO.  Changes to both inter parties and ex parte re-examination are also being discussed.  We believe a holistic approach should be taken so there are efficient procedures to challenge the validity of an issued patent without being overly duplicate or creating "gaming" opportunities that leave the validity of an issued patent constantly in doubt.  In so doing, it is vitally important to keep in mind the USPTO resource requirements for any new post-grant review mechanism. It is the Committee's view that the decisions made within the Office not be given enhanced deference by reviewing courts under the body of administrative law, whether they were made during initial examination proceedings or during any post-grant review.

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IV.8 International

Overview

International cooperation between the Office and the intellectual property offices of various foreign countries has been an area of focus for Office for the past several years. The goals of these international cooperation efforts are to increase consistency between the various offices, reduce workload for any given national intellectual property office by allowing work sharing between the offices, and share best practices to improve accuracy and efficiency within each national intellectual property office. The Office has been involved in, and in many instances, has led international cooperation and work sharing efforts for the following programs with encouraging results.

Patent Prosecution Highway

The Patent Prosecution Highway ("PPH") system allows work sharing between the Office and other national intellectual property offices in which corresponding applications are being prosecuted. Specifically, if an applicant receiving a ruling from the Office of First Filing that at least one claim in an application filed in that office is patentable, the applicant may request that the Office of Second Filing (i.e. an intellectual property office in another country) fast track the examination of corresponding claims in corresponding applications filed in that Office of Second Filing. The PPH allows the national intellectual property offices to leverage fast-track examination procedures already available in those countries to allow applicants to obtain corresponding patents in a second participating country faster and more efficiently, and to allow the national intellectual property offices to grant corresponding patents that are more consistent and that utilize less resources.

The IP5 Work Sharing Foundation Projects

Five of the leading intellectual property offices, the "IP5" – the European Patent Office ("EPO"), the Japan Patent Office ("JPO"), the State Intellectual Property Office of the People's Republic of China ("SIPO"), the Korean Intellectual Property Office ("KIPO") and the United States Patent and Trademark Office ("USPTO") – adopted a vision statement of work-sharing among the five offices: "The elimination of unnecessary duplication of work among the offices, enhancement of patent examination efficiency and quality, and guarantee of the stability of patent right." As a step toward fulfilling this vision statement, the offices announced a cooperative framework in the form of ten Foundation Projects. These projects were devised to harmonize the search and examination environment of each office and to standardize the information-sharing process. The projects are expected to facilitate the work-sharing initiative by enhancing the quality of patent searches and examinations and building mutual trust in each other's work.

It was agreed that each office would oversee the implementation of two Foundation Projects. For the first step, the offices agreed that by, at the latest, the end of April 2009 they would exchange detailed proposals on each Foundation Project and strive to identify the areas of agreement as well as specific details of implementation.

The benefits of these work-sharing initiatives are anticipated to be tangible and substantial. The number of applications filed at two or more of the IP5 offices is approximately 250,000 per year. Thus, work sharing between offices for these corresponding applications could lead to significant improvements in patent examination efficiency, cost, and consistency for applicants and for all the IP5 offices.

The work-sharing among the five offices will increase the efficiency of the patent system and minimize the cost and effort of patent applicants with regard to the acquisition and management of patent rights. Consistency in the patent process will ensure the predictability of patent results when applicants file applications at multiple offices. Greater simplicity will increase the convenience and savings of applicants.

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The lead offices and their assigned Foundation Projects are as follows:

  • Common Documentation Database (lead: EPO) – Aim: To bring together a common set of relevant patent and non-patent literature from around the world to assist patent examiners in their prior art searches.
  • Common Approach for a Hybrid Classification (lead: EPO) – Aim: To enable joint and efficient updating of patent classification and facilitate the reuse of work among the patent offices.
  • Common Application Format (lead: JPO) – Aim: To facilitate the filing procedure of each office by using a Common Application Format; and by using electronic or digitized patent application filing (in XML format) and subsequent processing and publication in XML format.
  • Common Access to Search and Examination Results (lead: JPO) – Aim: To enable examiners to find one-stop references in the dossier information of other offices, such as search and examination results and to conduct the priority document exchange ("PDX") to reduce the cost of ordering copies of priority documents for applicants and the administrative costs of electronic processing for offices.
  • Common Training Policy (lead: KIPO) – Aim: To standardize the training of patent examiners at each office, helping examiners to produce equivalent results of search and examination at the five offices.
  • Mutual Machine Translation (lead: KIPO) – Aim: To help the offices overcome the language barrier of patent information and allow greater access to each other’s patent information.
  • Common Rules for Examination Practice and Quality Control (lead: SIPO) – Aim: To execute patent examinations at a similar standard of quality through common rules of examination practice and quality control.
  • Common Statistical Parameter System for Examination (lead: SIPO) – Aim: To establish a system of common statistical parameters for all examinations at the five offices; and to conduct statistical tasks and exchange information on examination practices under common rules and parameters, building on the work of the Trilateral statistical working group.
  • Common Approach to Sharing and Documenting Search Strategies (lead: USPTO) – Aim: To promote reutilization by enabling the patent examiners of each office to understand each other’s search strategy.
  • Common Search and Examination Support Tools (lead: USPTO) – Aim: To establish a system of common search and examination tools to facilitate work-sharing.

Patent Cooperation Treaty Work Sharing

Other work sharing initiatives are taking place within the Trilateral cooperation framework of the USPTO, EPO, and JPO. For example, the USPTO is currently in discussions with the EPO and JPO regarding the possibility of integrating the use of PCT international search results into the PPH program.

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Implementation and Progress

The Patent Prosecution Highway

The Office continued to focus on expanding the implementation of the Patent Prosecution Highway ("PPH") system. In particular, the Office increased the number of PPH work sharing partnerships with other intellectual property offices:

  • In 2009, the USPTO and the Korean Intellectual Property Office fully implemented the PPH on a full-time basis leveraging fast-track patent examination procedures available in both Offices to allow applicants in both countries to obtain corresponding patents faster and more efficiently.
  • The Office also implemented pilots with the intellectual property Offices in Denmark, Germany, Singapore, and Finland.
  • The USPTO now has PPH work sharing programs with Australia, Canada, Denmark, European Patent Office, Finland, Germany, Japan, Korea, Singapore, and the United Kingdom, for a total of ten participating countries.
  • The USPTO and the JPO worked collaboratively to bring together all the IP Offices participating in the programs to work toward streamlining and improving procedures.
  • Several PPH "Plurilateral" meetings were conducted this year to progress in this area.

The PPH framework is an important step toward the goal of maximizing reutilization of work done by other offices. The results of the PPH programs have continued to be promising:

  • An overall grant rate for the PPH applications of approximately 95% (by comparison the overall grant rate for non-PPH applications is approximately 40%);
  • An overall first action allowance rate of approximately 22% (by comparison a non-PPH first action allowance rate is approximately 10%);
  • Average number of actions per PPH application is approximately half that of other patent applications (1.7 for PPH applications and 2.7 for non-PPH applications);
  • Faster processing for PPH cases (PPH requests are generally decided within 2 months from the filing date of the request and the application is generally examined within 2 to 3 months from the grant of the request); and
  • A decrease of approximately 20% in the number of claims to be examined in the USPTO as compared to average non-PPH cases.

The IP5 Foundation Projects/Tri-Lateral Partners Work Sharing

The Office continued meeting with the world’s five largest patent offices, the EPO, the JPO, the KIPO, and the State Intellectual Property Office ("SIPO") of the People’s Republic of China and within the Trilateral cooperation framework of USPTO, EPO, and JPO to advance progress on cooperative work sharing initiatives and to develop foundation tools to support work sharing. A series of meetings throughout the year resulted in an agreed implementation strategy for moving forward on developing the foundation support tools, as well as, increased emphasis on work sharing activities.

  • In June 2009, the EPO hosted a Deputy Heads level meeting to discuss an implementation strategy for the Foundation Projects and the creation of mandate documents for each Project. The offices developed a phased approach for the projects, where goals and anticipated outcomes will be defined for each phase. With this approach, the offices will see benefits delivered early in the process instead of waiting until full implementation for tangible results.
  • A Deputy Heads meeting took place in September 2009 in Geneva, Switzerland. The offices reviewed the Foundation Project proposed mandates, created cross functionally working groups, and reviewed next steps for the upcoming Heads of Offices IP5 meeting in April 2010.
  • An agreement was signed with SIPO for reviewing the possibility of establishing patent related work sharing initiatives and to develop foundation support tools to facilitate work sharing.
  • Additionally, the USPTO and the JPO signed an agreement to enhance the existing priority document exchange service between the two Offices. The USPTO and KIPO continued actions to promote work sharing among the two offices in accordance with their 2008 cooperative agreement.
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There have been detailed discussions regarding the scope and timing of the ten Foundation projects, but the projects have not been formally approved by the five offices. These discussions regarding scope and timing are on-going.

Other International Initiatives

The USPTO also established cooperative agreements with other IP offices and organizations for increased technical cooperation. The USPTO and the United Nations Economic Commission for Europe ("UNECE") signed an agreement to conduct joint capacity building programs and activities for government officials and rights owners in UNECE member states on protecting commercialization and for enforcement of intellectual property rights.

Goals for 2010

The Office has indentified the following key goals for international cooperation:

  • Implement a pilot program to integrate the use of PCT international search results into the PPH program and evaluate the results;
  • Promote international work sharing programs among applicants in order to increase applicant participation;
  • Work to continue to improve and simplify PPH procedures through the Plurilateral process;
  • Expand the PPH network to additional national intellectual property offices;
  • Review the possibility of implementing a work sharing system that prioritizes search and examination conducted in the Office of First Filing with the goal of making more of the search and examination work performed by the Office of First Filing available to the Office of Second Filing to further improve prompt and efficient examination.

New 2009 Committee Recommendations

The Committee commends the Office for its efforts on these international cooperation and work sharing initiatives during FY 2009 and recommends that the Office continue its expansion and improvement of this program in FY 2010. Additionally, the Committee recommends that the Office review these on-going efforts, particularly in conjunction with the Office’s renewed efforts to improve accuracy and reduce pendency, to ensure that the Office is pursuing those international work sharing programs that best meet the overall objectives of international work sharing – increase consistency between the various offices, reduce workload for any given national intellectual property office by allowing work sharing between the offices, and to share best practices to improve accuracy and efficiency within each national intellectual property office.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 90 

SECTION V – SUMMARY CONCLUSIONS & RECCOMENDATIONS

V. Summary Conclusions & Recommendations


These initiatives clearly involve a continued investment by the Office, and provided they continue to yield results and/or hold promise commensurate with that investment, PPAC supports the USPTO's efforts.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 93 

SECTION VI – SCORE CARD

This Score-Card captures the Office past activities vis-à-vis a series of previous Committee recommendations:

VI.1 Quality & Pendency Score-Card

 2008 Recommendation   USPTO Actions Taken 

1. Quality
Create a definition of what is meant by a "quality" patent – The definition of a "Quality" patent has been jointly agreed to be the ultimate validity of the patent and the time it takes from filing to grant or final disposition. Quality as so defined is not related to commercial or economic value of a patent. Quality as defined refers to the thoroughness, effectiveness and efficiency of USPTO search and examination and the thoroughness of applicant’s initial application and responses to Official actions. Quality is interrelated with overall pendency, final office actions, and continuing application practice since the time it takes for the Office and applicant to jointly come to the final disposition of an application has important implications for optimal effectiveness of the patent system as a whole.

This initiative has made progress in 2009. Excellent cooperation between PPAC and USPTO has resulted in substantial progress.

In February the USPTO and PPAC exchanged documents describing the elements of a quality patent. USPTO and PPAC agreed upon a working definition of quality; focusing on the ultimate validity of a granted patent and the effectiveness the patent examination process including pendency.

USPTO and PPAC discussed a limited number of measurable indicia that can be used to simultaneously improve quality and reduce overall application pendency. These indicia are not intended to be the only indicia of quality but rather key indicia that will improve ultimate validity and reduce pendency. Initial discussion of Quality was presented for discussion at a public PPAC/USPTO meeting on 15 October 2009. Subsequent regular follow-up conversations with the PPAC and USPTO team were held to focus on key measurable indicia of quality. PPAC provided a straw man list of 3 key quality initiatives: search, exam and initial application completeness USPTO is preparing a Federal Notice requesting comments from the public on the key quality indicia with the goal of scheduling a focused public roundtable discussion for later in 2009. The plan is to obtain feedback on the key indicia and establishing a tracking mechanism with feedback to examining corps and the public to track progress. USPTO is also separately evaluating examiner quality metrics and data that could be discussed at the roundtable and potentially be woven into the quality process.

2. Quality & Pendency
Encourage pre-examination interviews - we recommend that the Office rewrite Section 713.02 of the Manual of Patent Examining Procedure (MPEP) ("Interviews Prior to First Official Action") to promote and encourage interviews, noting that in almost all cases the examiner should find that "an interview would advance prosecution of the application." See MPEP Section 713.02. Conversely, applicant practice of seeking an interview before first action should be encouraged by the Office where the applicant believes an interview would advance prosecution.

USPTO actions - The Office piloted pre-1st-Action interviews. The Office collected data from the initial pilot and as a result of the initially positive results achieved (lowered pendency in cases where applicants had conducted first office interviews). The USPTO and POPA agreed to expand the scope of the pilot to more art units.

PPAC Proposal – The PPAC commends the Offices actions on this recommendation and is awaiting the results of the expanded pilot. PPAC hopes that the results of the expanded pilot are as positive as the results of the initial pilot and that first office action interviews can further be expanded to all applications as soon as possible.

3. Quality & Pendency
Establish virtual regional offices - We recommend that meaningful study of this issue take place in FY 2008, with a conclusion and recommendation at the end of the fiscal year.

The Office is reviewing and updating information on the use of regional work centers as part of our Distributed workforce initiative

4. Quality & Pendency
Developing a "highly complex application" definition – The Office should undertake a review of its applications to develop a practical definition for highly complex applications, and specifically including the concept of "technical complexity," for use with a new fee structure to be recommended to Congress.

USPTO Actions - The Office currently has primary effort in this regard involves additional charges for additional claims, to recover the cost of additional work involved. The Office is assessing international and internal labor-relations implications of introducing a "highly complex" definition for distinguishing applications – for fee purposes. The Office is reviewing where fee adjustments may be appropriate.

PPAC Proposal - The PPAC would respectfully submit that the Office should develop the requested definition as it would be of value to the patent community to understand the Offices perspective on what is a "highly complex" case by reason of technical issues, application length, etc so as to assist the Office in review of such cases. In addition, such a definition can drive Office behavior in examiner compensation/goals as well as informing Congress on the nature and scale of the issue if a fee change is appropriate.

5. Quality & Pendency
Developing a "highly complex application" fee structure – The Office should develop a new fee structure that anticipates the real resource requirements necessary for properly examining the highly complex cases to ensure quality examination. For applications falling within this highly complex application fee structure, the Office should consider examiner workload balancing and an increased time for examination.

Currently examination time is adjusted as to account for unusual application filing situations on a case by cases basis. Regarding fees, as noted above, the Office is reviewing where fee adjustments may be appropriate.

6. Quality & Pendency
Retain Office Capability in the Face of Decreased Allowance Rates.

USPTO Actions - The Office is analyzing ramifications of current statutory approach whereby maintenance fees defray costs of (all) filing fees.

PPAC Proposal - The PPAC commends the Office for its work in FY 2008 in ensuring that needed programs have been continued in face of decreasing budget resources. The Office is continuing to analyze the ramifications of the current statutory approach whereby patent issuance and maintenance fees subsidize other fees such as initial filing fees. We are also looking at the overall feasibility of restructuring fees and as well as seeking additional flexibilities to adjust fees as appropriate to support a sustainable business model.

7. Quality & Pendency
Abolish antiquated duty station requirements – Currently all examiners participating in the off-campus "hoteling" program must report back to the Office campus in Alexandria, Virginia for at least 1 hour per week, at their own expense. This work rule severely limits the development of a distributed workforce and must be abolished by any appropriate procedure.

USPTO Actions – Ongoing work with the Government Services Administration (GSA), the Office of Personnel Management (OPM), and with members of Congress and the public in support of legislation that would allow the Office to pilot a new, cost-effective approach to a Distributed workforce model. The Office will continue this effort in FY 2009. The Office is reviewing the existing USPTO telework program requirements including reporting to duty station for employees living in the local commuting area. In addition, legislation is pending that proposes pilot authority for the USPTO which includes changing travel regulations to allow employees to pay for travel costs when visiting the Alexandria Headquarters.

PPAC Proposal – The PPAC believes that this issue must be resolved quickly and that a distributed workforce is critical to improved quality and pendency and to employee satisfaction, retention and hiring. This issue is addressed in greater detail in the body of this Report

8. Quality & Pendency
Extend Hoteling –The Committee is of the view that the Office must continue to pursue hoteling and other telework flexibilities for any qualified member of the patent examination corps that wishes to participate.

USPTO Actions - The Office aggressively extended hoteling, adding 500 more employees to its existing program including non-examiner employees, such as Technical Support Staff. (The Office’s Trademark Assistance Center was nationally recognized in 2008 as the only Federal call center that permits employee telework.) The Patents Hoteling Program (PHP) offers employees the option to work from home to experienced Examiners and members of the Technical Support Staff who are most able to work independently. In FY 2009 the PHP added 449 new hoteling participants to bring the total to 1,654 participants to date.

PPAC Proposal – The PPAC commends the Office for its efforts in this area and the recognition is has received for these efforts. However, the Committee feels that a full Office wide program for this type of work flexibility is essential to hiring and retaining the most qualified and motivated workforce and requests a quarterly update on the progress the Office is making in achieving this goal.

9. Quality & Pendency
Initiate university partnerships - the Committee recommends that the Office partner with specific universities in a pilot program that offers loans to qualified engineering students willing to become examiners, where the loans are forgivable in specified annual increments on successive anniversaries of the examiner’s employment with Office.

The USPTO considered a student loan repayment program, however choose to implement an examiner recruitment bonus program which would apply to more new hires regardless of whether or not they had outstanding student loans.

10. Quality & Pendency
Expand Workforce Flexibilities - The Committee therefore recommends that the Office continue its path of expanding workforce flexibilities specifically to ensure a place for these seasoned professionals in its workforce.

In FY 2004, the USPTO began tracking employees who had a law degree upon hiring. 3.6% of employees (220) hired since 2004 had a law degree when hired. Note: we do not track employees who obtain a law degree after being hired, and this number also does not include those hired before FY 2004. 

 2nd and 3rd Career Employees 
     Years Experience 
FY # New Hires 2nd Career % 3rd Career %
04 455 76 17% 52 11%
05 979 116 12% 74 8%
06 1213 218 18% 71 6%
07 1208 194 16% 102 8%
08 1202 192 16% 156 13%
09* 490 95 19% 73 15%

*Please note that the FY 2009 # of new hires does not include the 7/6/09 class.
2nd career = greater than 3 years and less than 10 years experience
3rd career = greater than or equal to 10 years experience
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 94 

VI.2 OCIO: IT Infrastructure Score-Card

 2008 Recommendation   USPTO Actions Taken 

1. Funding Support Of OCIO Road Map: In 2008 PPAC strongly encouraged USPTO Management Counsel continue its support of the initiative, and that the Road Map continue to be fully funded and followed through its full term.

USPTO Actions Taken: Despite the considerable reduction in patent fee revenue, the Management Council remained supportive of the Road Map Portfolio by agreeing with minimal funding reductions in this area. In addition, despite an Office-wide hiring freeze, the Council approved 11 hiring exceptions, greater than for any other USPTO organization.

USPPAC Commentary: PPAC recommends that the USPTO Management Counsel – in consideration and support of the broader USPTO objectives, priorities and attendant trade-offs – expand its efforts to provide the OCIO with select relief from the USPTO hiring freeze to meet both critical operational needs, and also invest in future capabilities.

2. Pre & Post Processing Efficiencies: PPAC recommended in 2008 that the USPTO explore how to reduce pre-processing and post-processing of data exchanged with the public, and used internally (e.g. submissions in XML, unitary search and full-text search capability of all application) to increase examination efficiency and reduce contractor costs for such simple tasks as PDF to text conversions.

USPTO Actions Taken: With the reduction in funding and extension of the Road Map implementation to seven years, the OCIO ability to pursue this recommendation has been severely constrained.

PPAC Commentary: PPAC understands and agrees with the OCIO assessment, but still strongly encourages them to be receptive to integrating new technologies where stable platforms and efficiency gains do exist. PPAC further encourages OCIO to continue its revisit of extant processes to identify efficiencies, which may come without the need to integrate new technologies into an unstable operating environment.

3. New Technology Integration: The final 2008 recommendation of the PPAC was for the USPTO to explore employing leading edge technologies to enhance the productivity of its workforce. Among these would be the use of Natural Language search/analytic tools, as well as other Sense-Making technologies currently available in the broader commercial market. Such tools could be used not only in examination, but could provide pre-examination filtering to sort out defective applications prior to wasting precious examine time.

PTO Actions Taken: With the reduction in funding and extension of the Road Map implementation to seven years, the OCIO ability to pursue this recommendation has been severely constrained. However, one of the new projects identified as part of the Trademarks Next Gen is an analysis of search tools. It is our intent to leverage the lessons and result of those efforts to the patent business unit.

PPAC Commentary: PPAC understands and agrees with the OCIO assessment, and applauds the introduction of the NextGen analysis tool as a first step in the direction of exploiting the potential of new technologies to facilitate the USPTO's mission. Again, PPAC strongly encourages the USPTO to be receptive to integrating new technologies where stable platforms and efficiency gains do exist. PPAC further encourages OCIO to continue its revisit of extant processes to identify efficiencies, which may come without the need to integrate new technologies into an unstable operating environment.
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 95 

VI.3 Human Capital Score-Card

 2008 Recommendation   USPTO Actions Taken 

1. The Committee recommends that the Office and the Unions place this issue amongst the highest priorities and look for concrete resolution before the next PPAC meeting in March 2009.

The Office is supporting the pending Telework legislation which could provide the USPTO the ability to create a telework pilot providing increased flexibility in the number of return trips to main campus.
The Office is revisiting the concept of Satellite offices. However, the feasibility of moving forward with a Satellite office program, depends heavily on budget and other work force issues.
No other progress has been made this year, primarily in light of the budget constraints and the resulting partial-year hiring freeze.

2. The Committee recommends that the Office present a tabulated set of results of the exit interviews with all departing examiners along with an analysis for the reasons for attrition and responsive plans to reduce attrition.

No progress has been made this year with regards to the review of exit interviews.
To best utilize the time and resources unfortunately made available by the partial-year hiring freeze, the Office focused on several improved training and human capital initiatives to increase retention and employee satisfaction.
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 96 

VI.4 International Score-Card

 2008 Recommendation   USPTO Actions Taken 

1. The Committee recommends that the Office expand the PPH to as many other countries as possible.

In 2009, the USPTO and the Korean Intellectual Property Offices fully implemented the PPH on a full-time basis.
The Office also implemented pilots with the intellectual property Offices in Denmark, Germany, Singapore, and Finland.
The USPTO’s now has PPH work sharing programs with Australia, Canada, Denmark, European Patent Office, Finland, Germany, Japan, Korea, Singapore, and the United Kingdom, for a total of ten participating countries.

2. The Committee recommends that the Office propose a timeline to the other offices for implementation of the Foundation Projects.

In June 2009, the EPO hosted a Deputy Heads level meeting to discuss an implementation strategy for the Foundation Projects and the creation of mandate documents for each Project. The Offices developed a phased approach for the projects, where goals and anticipated outcomes will be defined for each phase. With this approach, the Offices will see benefits delivered early in the process instead of waiting until full implementation for tangible results.
A Deputy Heads meeting took place in September 2009 in Geneva, Switzerland. The Offices are reviewing the Foundation Project proposed mandates, creating cross functionally working groups, and reviewing next steps for the upcoming Heads of Offices IP5 meeting in April 2010.
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 97 

SECTION VII – APPENDICIES

VII.A Transmittal Letter

Transmittal Letter

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 98 

VII.B Committee Members

The Patent Public Advisory Committee, by statute normally contains nine members, but as of the writing of this report has a complement of six, with three vacancies. The current PPAC membership is:

  • Marc Adler recently started a private intellectual property strategy consulting practice (Marc Adler LLC). For the past 26 years he worked for Rohm and Haas Company and since 1993 served as the Company’s Chief Intellectual Property Counsel and Associate General Counsel. Marc had worldwide responsibility for all intellectual property matters for the company including patent preparation and prosecution, intellectual property strategies, licensing and litigation, and managed a group of 25 attorneys and agents in the US, Europe, Japan and China.

    Mr. Adler is the immediate past President of the Intellectual Property Owners Association and Association of Corporate Patent Counsel. He was also on the Executive Committee of the US AIPPI. He is also currently on the Board of the National Inventor’s Hall of Fame, the IP Advisory Boards of Franklin Pierce School of Law and Lexis/Nexis.

    Mr. Adler received his BS ChE from the City College of New York, his MS ChE from the University of Florida, and his law degree (JD) from St. John’s University in New York. He started his career as a Chemical Engineer for 8 years with Esso Research and Engineering and Union Carbide Corporation before becoming an associate with a patent law firm in New York City.

  • Louis J. Foreman is founder and chief executive of Enventys, an integrated product design and engineering firm with offices in Charlotte, N.C., and Taiwan. A prolific inventor himself, he frequently lectures on the topics of small business creation and product development as well as intellectual property. Mr. Foreman is the publisher of Inventors Digest, a 24-year-old publication devoted to the topic of American innovation. He was the founding member of the Inventors Network of the Carolinas. He is the executive producer and judge for the Emmy Award winning PBS TV show called Everyday Edisons, which is currently in its third season. Mr. Foreman is also the Entrepreneur in Residence at the McColl School of Business at Queens University in Charlotte.

  • F. Scott Kieff is a law professor at George Washington University in D.C. and a senior fellow at Stanford's Hoover Institution where he runs the Hoover Project on Commercializing Innovation. He serves as a faculty member of the Munich Intellectual Property Law Center in Germany and previously has been a visiting professor in the law schools at Northwestern, Chicago, and Stanford, as well as a faculty fellow in the Olin Program on Law and Economics at Harvard. Having practiced law for over six years as a trial lawyer and patent lawyer for Pennie & Edmonds in New York and Jenner & Block in Chicago, and as law clerk to U.S. Circuit Judge Giles S. Rich, he regularly serves as a testifying and consulting expert, mediator, and arbitrator to law firms, businesses, government agencies and courts.

  • Damon C. Matteo (Chairman) is vice president and chief intellectual property officer of the Palo Alto Research Center. His two-decade career in intellectual capital management (ICM) includes extensive experience in the creation, strategic management, venture/funding and commercialization of the full spectrum of corporate intellectual property assets through such vehicles as direct-to-product use, licensing, assertion, start-ups and M&A in North America, Asia & Europe. Among Mr. Matteo's numerous professional awards, he has been named one of the "Fifty Most Influential People in Intellectual Property" by Managing Intellectual Property magazine; and has received the National Technology Transfer Excellence Award given by the U.S. Federal Government. Mr. Matteo also serves on the Board of Directors for the European Center for Intellectual Property Studies, and was selected principal industry expert in intellectual capital management for both the U.S. Security & Exchange Commission (SEC) and the United Nations. Mr. Matteo frequently lectures on ICM at universities and professional organizations throughout the world.

  • Stephen M. Pinkos is a Senior Advisor with PCT Government Relations, LLC – a firm that provides a full spectrum of bi-partisan, federal, state and international public policy advisory services related to intellectual property. Mr. Pinkos previously managed the daily operations of the Office as the Deputy Under Secretary and Deputy Director. In this capacity, he initiated and supervised restructuring of the Chief Financial, Information and Administration Offices; played an integral role in launching the largest-ever Office hiring, training and retention effort; and supervised critical quality control, pendency reduction and IT initiatives. He also was instrumental in the development and implementation of the Bush Administration's STOP! (Strategy Targeting Organized Piracy) program. Prior to the Office, Mr. Pinkos served as Staff Director and Deputy General Counsel for the House Committee on the Judiciary.

  • Maureen K. Toohey is the founding member of Toohey Law Group LLC in Boston, Massachusetts. She counsels clients regarding the strategic protection and transfer of intellectual property rights, prosecutes patent portfolios, and litigates intellectual property disputes for start-up companies in the medical device, biotechnology, clean technology, and internet fields. Ms. Toohey is a registered patent attorney and practices in California, New Hampshire, and Massachusetts. She was previously a law clerk to U.S. Federal Circuit Judge Randall R. Rader. She is affiliated with a number of IP organizations such as the Federal Circuit Bar Association, American Intellectual Property Law Association, and the ABA Section of IP Law.
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 99 

VII.C PPAC Charter: 35 U.S.C. §5 – Patent & Trademark Office Public Advisory Committees

(a) Establishment Of Public Advisory Committees

(1) Appointment – The United States Patent and Trademark Office shall have a Patent Public Advisory Committee and a Trademark Public Advisory Committee, each of which shall have nine voting members who shall be appointed by the Secretary of Commerce and serve at the pleasure of the Secretary of Commerce. Members of each Public Advisory Committee shall be appointed for a term of 3 years, except that of the members first appointed, three shall be appointed for a term of 1 year, and three shall be appointed for a term of 2 years. In making appointments to each Committee, the Secretary of Commerce shall consider the risk of loss of competitive advantage in international commerce or other harm to United States companies as a result of such appointments.

(2) Chair – The Secretary shall designate a chair of each Advisory Committee, whose term as chair shall be for 3 years.

(3) Timing Of Appointments – Initial appointments to each Advisory Committee shall be made within 3 months after the effective date of the Patent and Trademark Office Efficiency Act. Vacancies shall be filled within 3 months after they occur.

(b) Basis For Appointments – Members of each Advisory Committee

(1) shall be citizens of the United States who shall be chosen so as to represent the interests of diverse users of the United States Patent and Trademark Office with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee;

(2) shall include members who represent small and large entity applicants located in the United States in proportion to the number of applications filed by such applicants, but in no case shall members who represent small entity patent applicants, including small business concerns, independent inventors, and nonprofit organizations, constitute less than 25 percent of the members of the Patent Public Advisory Committee, and such members shall include at least one independent inventor; and

(3) shall include individuals with substantial background and achievement in finance, management, labor relations, science, technology, and office automation. In addition to the voting members, each Advisory Committee shall include a representative of each labor organization recognized by the United States Patent and Trademark Office. Such representatives shall be nonvoting members of the Advisory Committee to which they are appointed.

(c) Meetings – Each Advisory Committee shall meet at the call of the chair to consider an agenda set by the chair.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 100 

(d) Duties – Each Advisory Committee shall

(1) review the policies, goals, performance, budget, and user fees of the United States Patent and Trademark Office with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to Trademarks, in the case of the Trademark Public Advisory Committee, and advise the Director on these matters;

(2) within 60 days after the end of each fiscal year

(A) prepare an annual report on the matters referred to in paragraph (1);

(B) transmit the report to the Secretary of Commerce, the President, and the Committees on the Judiciary of the Senate and the House of Representatives; and

(C) publish the report in the Official Gazette of the United States Patent and Trademark Office.

(e) Compensation – Each member of each Advisory Committee shall be compensated for each day (including travel time) during which such member is attending meetings or conferences of that Advisory Committee or otherwise engaged in the business of that Advisory Committee, at the rate which is the daily equivalent of the annual rate of basic pay in effect for level III of the Executive Schedule under section 5314 of title 5. While away from such member’s home or regular place of business such member shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.

(f) Access To Information – Members of each Advisory Committee shall be provided access to records and information in the United States Patent and Trademark Office, except for personnel or other privileged information and information concerning patent applications required to be kept in confidence by section 122.

(g) Applicability Of Certain Ethics Laws – Members of each Advisory Committee shall be special Government employees within the meaning of section 202 of title 18.

(h) Inapplicability Of Federal Advisory Committee – The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to each Advisory Committee.

(i) Open Meetings – The meetings of each Advisory Committee shall be open to the public, except that each Advisory Committee may by majority vote meet in executive session when considering personnel, privileged, or other confidential information.

(j) Inapplicability Of Patent Prohibition – Section 4 shall not apply to voting members of the Advisory Committees.

(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-578 (S. 1948 sec. 4714); subsections (e) and (g) amended Nov. 2, 2002, Public Law 107-273, sec. 13206, 116 Stat. 1904; subsection (i) amended and subsection (j) added Nov. 2, 2002, Public Law 107-273, sec. 13203, 116 Stat. 1902.)

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 101 

VII.D OCIO IT Supporting Details

High-Level OCIO Issues

  • Funding: Due to a decline in patent fee revenue of $224.1 Million (10.8% decrease) received by the USPTO over the course of Fiscal Year 2009, the OCIO was in turn subject to a 23 percent reduction in its budget in the amount of $66 million. As expected, this reduction impacted broadly across many aspects of OCIO operations including compensation, operations and ongoing projects: both business unit projects and those covered under the Road Map – the focal point of the IT remediation efforts for the USPTO. The detailed impact of the reductions across these areas is as follows:

    Program Area

    Original Plan
    1 October 2008

    Actuals
    31 September 2009

    Reduction From Original Plan

     

    [Millions Of Dollars]

    [Millions Of Dollars]

    [Millions Of Dollars]

    [Percent Reduction]

    Compensation

    $67

    $62

    -$5

    -7%

    Business Projects

    $44

    $7

    -$37

    -84%

    Road Map Projects

    $37

    $30

    -$7

    -19%

    Operations & Maintenance

    $140

    $123

    -$17

    -12%

    Totals

    $288

    $222

    -$66

    -23%

    • Overall Impact:  Key areas that have been impacted by funding reductions include:
      • Organizational Strengthening – The Human Capital Plan was not adequately staffed
      • Disaster Recovery – The additional infrastructure servers and switches for the remote facility were not purchased
      • Desktop Stabilization – Desktop Management tool selection & core configuration deployment did not occur

      For additional details about which programs have been affected by the funding reduction and the specific impact, please see the "Detailed Program Funding Impact" table below..

    • Road Map Impact: The OCIO Road Map was developed in August 2008 to address many of the pressing issues facing the USPTO from an IT infrastructure perspective, and considered a critical element in executing against these initiatives. It was originally envisioned as a five year effort estimated requiring $99.6 million in non-compensation investments for projects and $62.5 million in non-compensation investments for capital equipment replacements. Due to the broader budget cuts at the USPTO, the Fiscal Year 2009 allocation for Road Map projects was reduced from the $37M planned spend to a $30M actual spend, a 19 percent decrease in available funds.
       December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 102 

      Among other impacts, the result has been the need to extend the completion of the work slated under the Road Map from the originally planned five years to seven years. With the average life of systems being approximately seven years, there is a heightened desire to complete the effort before that time to avoid having to immediately undertake a new Road Map. Extending the time of completion also extends the time over which the USPTO is to system performance issues and availability vulnerabilities. In addition, the reduction in OCIO funding has impacted the progress of necessary staffing to support the OCIO and necessary skill-sets.

      The Road Map funding shortfall is expected to continue, at least in the near-term, as the post budget adjustment for FY 2009 versus FY 2010 comparisons for Road Map funding suggest:

     

    Actual Spend (FY 2009)

    Current FY 2010 Plan

    Original FY 2010 Plan

    FY 2010 Reductions

    Road Map Projects

    $27,931.77

    $26,244.65

    $37,097.48

    $10,852.83 (29%)

    Capital H/W Replacement

    $1,267.62

    $3,880.70

    $22,000.00

    $18,119.30 (82%)

    Totals

    $29,199.39

    $30,125.35

    $59,097.48

    $28,972.13 (49%)
     December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 103 

    Greater detail on the specific programs and specific impact follows:

    Detailed Program Funding Impact

    Program

    Project

    Reduction

    Cause

    Org Strength

    Skills Development Training Plan (SDTP)

    $(1,018.96)

    It was determined that employees would not have sufficient time to sign-up for and attend in FY 2009 the technical training envisioned with these funds.

    Org Strength

    Strategic Human Capital Implementation Plan (SHCIP)

    $(613.00)

    Funding reduced due to budget shortfalls.

    Process Standard

    EPMS

    $(93.00)

    Funding reduced due to budget shortfalls.

    Data Center Stabilization

    Physical and Logical Mapping of Data Center Components

    $(59.00)

    Funding reduced due to budget shortfalls.

    Data Center Stabilization

    Fire Suppression System

    $(1,725.00)

    The City of Alexandria plays a considerable role in approving such a system: Deferred to FY 2010

    AIS Stabilization

    Advantage Gen Development Upgrade

    $(350.00)

    It was determined that an upgrade to Advantage Gen would not be the proper action to take.

    Desktop Stabilization

    Desktop Stabilization (DSV1)

    $(780.00)

    Funding reduced due to budget shortfalls.

    Desktop Stabilization

    Technology Refresh Desktop Management (SW Tool Set) - TRDM

    $(1,186.00)

    The level of effort required was determined to be a larger undertaking than expected: Deferred to FY 2010

    Service Desk Stabilization

    Service Desk Tool Suite

    $(90.00)

    Funding reduced due to budget shortfalls.

    Disaster Recovery

    Disaster Recovery Program Planning and Coordination/Support

    $(40.00)

    Funding reduced due to budget shortfalls.

    Disaster Recovery

    Data Bunkering

    $(81.50)

    Funding reduced due to budget shortfalls.

    Disaster Recovery

    Disaster Recovery Infrastructure

    $(2,247.42)

    Executed with fewer resources than planned.

    Disaster Recovery

    AIS Failover

    $(1,215.53)

    A number of "foundational" tasks needed to be completed first: Deferred to FY 2010

    Enterprise Architecture

    SOA Strategy

    $(100.01)

    Executed with fewer resources than planned.

     December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 104 

  • System Aging

    • Overview: The USPTO is operating many of its key database systems on hardware and software platforms well beyond industry averages for platform age. Vulnerabilities to system availability, security breaches and system failures increase with system age, so this is an important focus of the OCIO efforts.

      A primary initial focus of the Road Map is the identification and scheduled replacement of older technology. During the FY 2009 Road Map execution 79 new servers were installed replacing 110 servers. The following chart highlights the current distribution of servers by broad age category:

      Years of Service

      Server Count

      Percentage

      Five Or More

      553

      36%

      Less Than Five

      1001

      64%
       

      1554

      100%

      For a more detailed break-out of the system aging details:

      Years of Service

      Server Count

      Percentage

      11

      11

      1%

      10

      11

      1%

      9

      71

      5%

      8

      79

      5%

      7

      118

      8%

      6

      201

      13%

      5

      62

      4%

      4

      207

      13%

      3

      290

      19%

      2

      307

      20%

      1

      141

      9%

      0

      56

      4%
       

      1554

      100%

    • Plan & Progress: Based upon an assessment of the systems, loading and priorities, the OCIO has established a prioritized list of technology (servers, storage, network equipment, operating software, etc...) that will be reviewed at the start of each budget year. This integrated plan will drive OCIO’s continued investment in automated information systems ("AIS") and the technology that supports them.

    • Challenges:  Many of USPTO’s software applications have a direct relationship and dependency with the technology infrastructure and the baseline software products that support that infrastructure. As such, the development of an integrated technology plan which marries the appropriate hardware and software with the proper staging is critical to the successful execution the OCIO revitalization program.

    • Kudos: Prior to instituting the OCIO Road Map, on the order of 69% of the USPTO hardware servers were over five years old. That number has since dropped to 36% (or, 553 of the total 1554 servers) and raised the level of reliability, service and ease of maintenance for those systems – key accomplishments to be applauded and continued.

     December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 105 

  • Platform Proliferation

    • Overview: Over time, the USPTO has seen an enormous growth in the number of different platform configurations in operation at the USPTO. Attendant to this kind of highly variegated systems environment are myriad support, interoperability, and compatibility considerations that add to an already heavy IT load at the USPTO, and even have the potential to hinder introduction of new and more effective systems.

    • Plan & Progress: OCIO has developed the first strategic plan (SITP) which will serve as a base for investments for FY 2010. Further, the USPTO is in the process of revising and revitalizing its Federal Enterprise Architecture standards to ensure that future systems are built and managed according to standards.

      • During FY 2008 – FY 2009, OCIO implemented a fully integrated Systems Development Lifecycle (SDLC) to provide overarching control for all development and deployment efforts to ensure that projects are managed to requirements; delivered on budget; built to standard; tested to ensure quality and deployed operationally ready.

      • In FY 2009 OCIO also initiated an effort to implement the Information Technology Infrastructure Library (ITIL) standard. ITIL is an industry and government accepted set of operating and service standards that support the day-to-day engagement of the technology organization and the business community. USPTO has also enhanced its use of Configuration Management through the integration of a fully functional tool suite.

    • Kudos: All of these OCIO efforts in concert promise to significantly reduce proliferation and complexity through processes the support and inform acquisition and development going forward.

  • Overall System Loading, Availability & Performance:

    • Overview: As the law of unintended consequences suggests, the USPTO's increased hiring to accommodate examiner requirements has additionally put an increased load on what are already old and over burdened systems. Increased load on systems is not in and of itself a problem provided system capacity at least keeps pace with the load. If not, system availability and productivity both suffer.

    • Plan & Progress: The collection of COTS products, homegrown systems, and sheer variety of technologies coupled with lack of consistent architectural or enterprise vision currently in place at the USPTO has rendered even simple changes both arduous and expensive. Through AIS Stabilization, OCIO made a concerted effort to analyze and review 10 percent of its systems to chart a short-term and long-term technical remediation path toward reducing complexity and raising quality.

      • Quality Initiative: A key objective of OCIO is shifting the focus from quantity to quality in its efforts. FY 2008 and FY 2009 each had 200 releases resulting in little more than basic enhancements and minor improvements to existing broken systems. In FY 2009 OCIO added code reviews as a quality step in releasing its systems resulting in fixes including 44 memory issues, 10 threading problems, and 10 averted security vulnerabilities. OCIO will continue this practice and institute additional standards to drive up quality and increase defect detection earlier and cheaper in its processes.

    • Looking Forward: OICO is also establishing development and testing practices which will be built into all contracts to ensure receipt of consistent and industry best practice results from its contractors. OCIO instituted training and tools to monitor requirements, provide consistent development environments and build software so that metrics can be measured across systems.

     December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 106 

  • Human Capital:

    • Overview: Headcount at the OCIO had been steadily trending downward (7.5%) since 2001. Despite increasingly aggressive hiring efforts, consecutive yearly attrition rates of up to 12% resulted in compounded erosion of the employee skill-sets needed to meet the increasing demands on USPTO IT infrastructure. Declining revenues in FY 2009 resulted in an agency-wide hiring freeze and presented additional human capital challenges. In response, the OCIO concentrated workforce development on non-hiring "compensatory strategies" to mitigate skills gaps.

    • Plan & Progress: As of 15 August 2009, the OCIO position headcount was 456 and the year-to-date attrition rate was 6.36%. As the end of the Federal fiscal year draws near, total attrition will be approximately 7% as compared to 12% in prior years. In FY 2009, the OCIO lost 29 people, but was able to complete 33 hiring actions. The majority of these hires were accomplished prior to the imposition of hiring restrictions. However, the USPTO recognizing the import of OCIO hiring in support of its mission, provided OCIO with the ability to make 11 exception hires. In addition, the OCIO employed the following compensatory strategies:

      • Optimal Resource Management: Skills analysis techniques developed by OICO for training under the Road Map will be leveraged to improve the efficacy of future hiring efforts.

      • Temporary Detailees: In the interim, to address critical IT skill shortages, OCIO arranged for the temporary detail of 30 technical resources from the Patents and Trademarks business units.

      • Training: In FY 2009, the average number of hours training per employee was 24.4 hours. This more than doubled the prior year with only a modest 20% increase in training funding.

    • Kudos: OCIO has made significant progress in its human capital capabilities in the face of funding and hiring constraints, including creative stop-gap measures, training efficiencies and optimizing the effectiveness of existing hires. In addition, the reduction in the attrition rate might well be attributed to a rise in the quality of the working environment within the OCIO as progress is being made and necessary skills are being developed – another positive step.

    • Requisites For Success: To continue the progress in the human capital domain it's clear that OCIO and USPTO management should continue to work together to identify and execute against key hiring into critical areas within the OCIO.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 107 

VII.E Federal Register Notice On Quality

DRAFT PUBLIC NOTICE RE: Quality 10/05/09

DEPARTMENT OF COMMERCE:
United States Patent and Trademark Office
[Docket No.: USPTO-P-2009-00XX]

Request for Comments on the Quality of Patents

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for Comments.

SUMMARY: The United States Patent and Trademark Office (PTO) has in place procedures for measuring the quality of patent examination, including the decision to grant a patent based on an application and of other Office actions issued during the examination of the application. In an effort to improve the quality of the overall patent examination and prosecution process, to reduce patent application pendency, and to ensure that granted patents are valid and provide clear notice, the USPTO would like to focus, inter alia, on improving the process for obtaining the best prior art, preparation of the initial application, and examination and prosecution of the application. The USPTO is seeking public comment directed to this focus with respect to methods to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. This notice is not directed to patent law statutory change or substantive new rules. It is directed to means for improving quality and reducing pendency within the existing statutory and regulatory framework.

COMMENT DEADLINE DATE: To be ensured of consideration, written comments must be received on or before [Insert date 60 days after publication in the FEDERAL REGISTER]. No public hearing will be held.

ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to patent_quality_comments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA, 22313-1450, marked to the attention of Kenneth M. Schor and Pinchus M. Laufer. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.

The written comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: By telephone: Pinchus M. Laufer, Legal Advisor, at (571) 272-7726, or Kenneth M. Schor, Senior Legal Advisor, at (571) 272-7710; by mail addressed to U.S. Patent and Trademark Office, Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313‑1450, marked to the attention of Pinchus M. Laufer and Kenneth M. Schor; or by electronic mail (e-mail) message over the Internet addressed to pinchus.laufer@uspto.gov or kenneth.schor@uspto.gov.

SUPPLEMENTARY INFORMATION: This notice is directed to the quality of the examination and prosecution of patent applications in the USPTO and the quality of patents resulting from that examination and prosecution.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 108 

I. PURPOSE OF NOTICE:

The USPTO is responsible for the granting and issuing of patents. See 35 U.S.C. 2(a)(1). The USPTO examines patent applications to determine whether an applicant is entitled to a patent under the law, and issues a notice of allowance if, upon such examination, it appears that the applicant is entitled to a patent. See 35 U.S.C. 131 and 151. The USPTO examines applications for compliance with the applicable statutes and regulations, and for patentability of the invention as defined in the claims. See 37 CFR 1.104(a).

The USPTO is seeking to maintain and improve the quality of the examination of patent applications and patents resulting from that examination.

A quality patent is defined, for purposes of this notice, as a patent (a) for which the record is clear that the application has received a thorough and complete examination, addressing all issues on the record, all examination having been done in a manner lending confidence to the public and patent owner that the resulting patent is most likely valid; (b) for which the protection granted is of proper scope; and (c) which provides sufficiently clear notice to the public as to what is protected by the claims. The present quality improvement effort has, as one goal, reduction of overall application pendency and is thus also directed towards identifying quality issues that give rise to process inefficiencies. The term "quality patent" as used herein does not include the economic value of the resulting patent, which is a result of market conditions and not the patent process itself. Rather, providing the strongest quality patent possible in the shortest time permits making the best use of a patent, given any set of marketing conditions.

Maintenance and improvement of the quality can reliably be achieved by a four step process:

(1) Identification of the key aspects of the examination process that affect quality. These key aspects are the quality items - i.e., activities and actions carried out by the USPTO, by the applicant, or by both;

(2) Identification of indicia of the presence (existence) of the desired quality items;

(3) Establishment of a process that can meaningfully measure such indicia (establishing the metrics that can measure the indicia); and

(4) Establishment/modification of policy and USPTO operations to optimize successful performance of the quality items (activities and actions carried out) to bring about desired improvements in patent quality and reductions in patent application pendency.

The patent community is being requested to comment on items that affect patent quality, as well as addressing patent process inefficiencies with the aim of simultaneously improving patent quality while reducing overall application pendency. It is preferred that comments be provided in the manner set forth in the "Public Comments Requested" section of this notice (which immediately follows this section) and address the criteria for evaluating such comments set out below in section III of this notice. In this regard, the USPTO is seeking comments from the patent community on improved methods of identifying indicia of existing quality items, and additional metrics for the measurement of indicia of existing quality items. Improvement to the monitoring of existing quality items should include methods of more reliable and efficient monitoring, as well as methods for making procedural changes based on the results of the monitoring. The USPTO desires to assess whether existing measures are reflective of the quality items they are designed to measure, how these measures can be improved upon, whether other measures could better assess the same quality items, and whether there are other aspects more indicative of quality that can be readily measured and used to improve quality and reduce application pendency.

The patent community is also being requested to comment on suggested quality items of particular interest identified below in Section V of this notice by which the examination process can be meaningfully enhanced, or to suggest other key quality items; to identify appropriate indicia of quality provided by the quality items; and to establish metrics for the measurement of the indicia. These quality items of particular interest, which will be discussed below, include (but are not limited to) identifying and analyzing the best prior art and evidence bearing on patentability, facilitating the presentation of the positions of the USPTO and the applicant to each other, coming to a definitive resolution of the issues that are presented which resolution is clearly stated, and presenting a clearly identified scope of the patent coverage, to provide the strongest quality patent possible in the shortest time.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 109 

II. Categories of Public Comments Requested

For ease of organization and analysis, the areas for which the Office is requesting comment by way of this notice is divided into specific categories. The categories for which public comments are solicited are as follows:

Category 1 - Quality measures used: The USPTO is specifically requesting feedback on the quality measures that it is currently using, and new measures that it may adopt in the future. As to quality measures currently in place, the USPTO desires to assess whether these measures are reflective of the quality items they are designed to measure, whether these measures can be improved upon, whether other measures could better assess the same quality items, and whether there are other aspects more indicative of quality that can be readily measured.

Additionally, areas in which the USPTO is particularly interested are those of (A) finding the best prior art, (B) obtaining a comprehensive initial application, (C) providing a comprehensive first Office action on the merits including a clear explanation of all issues raised, (D) obtaining a comprehensive and clear response to Office actions on the merits, and (E) proper use of interviews. These are discussed in Section V of this notice. The public is invited to comment on those areas, including suggesting modifications of the USPTO’s suggestions. In addition, the public is invited to suggest other areas of the process which are believed to have a significant bearing on quality. Any such suggestions should be accompanied by an explanation of the basis for the belief that the suggested area(s)/modification(s) has/have a significant bearing on quality.

The USPTO is requesting that such feedback be provided in terms of the following information:

A. Identification of the key items, i.e., the activities and actions that are carried out by the USPTO, by the applicant, or by both that bear on quality. What is the nature of activity, action, or conduct that increases quality, and why is it believed to do so?

B. Identification of indicia of the presence of the desired quality items. How do the proposed indicia show that the desired activities and actions were indeed carried out, and show the quality or effectiveness of that activity performed by the USPTO and/or the applicant?

C. What metric(s) should the USPTO use to measure each indicium, and what is the nexus between the measured indicium and the metric(s) used (why is the existence of the indicium proved by the metric)? Based on that nexus, why is the proposed metric believed to provide a practical combination of reliability and efficiency?

Category 2 - Stages of Monitoring: With a view toward reducing patent pendency, the USPTO is considering the monitoring of quality at each step, or at as many steps, in the patent application, prosecution, and examination processes as is feasible, and as close in time to when the step whose quality is being measured is performed as is feasible. The USPTO is specifically considering monitoring quality at each of the following stages of the patent application and examination process: (1) when the application is filed in the USPTO; (2) when the initial search for the application has been completed; (3) when the first Office action for the application has been completed; (4) when an interview for the application has been conducted; (5) when a reply to the first or any subsequent non-final Office action has been filed; (6) when an Office action (non-final or final) or notice of allowance in response to a reply to a non-final Office action has been completed; (7) when an after-final submission has been filed; and (8) when an appeal brief or other appeal-related paper as been filed.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 110 

The USPTO is requesting comments on the choice of these stages, and the practicality of measuring quality at each one of these stages. It is requested that the public point out at what step or steps in the patent application and examination process the USPTO should measure the quality obtained by the identified activity, action, or conduct that increases quality. While measuring quality at each stage may yield much information, it seems credible that increasing quality of the application in the early stages would be most effective in reducing pendency, and the USPTO is seeking comment on this hypothesis.

The public is also invited to provide information on how quality is affected by action taken in the above-identified eight stages, or in other stages in the patent application process and to identify the nature of activity, action, or conduct that increases quality in that stage – such information would be included as "other areas of the process which are believed to have a significant bearing on quality" in the comments responding to Category (1) of this section. Also included would be how the USPTO should measure the quality obtained at each such step, and the nexus between the targeted quality aspect and the measured indicia of the activity, action, or conduct that increases quality in that stage.

Feedback from the USPTO: In connection with this category, the USPTO is requesting input on the timing of the USPTO’s assessment and reporting of various measures of quality in relation to the stages of monitoring. For example, should the USPTO await final disposition of the application before reporting on the quality measure obtained for that application? Or, would there be a practical, cost-effective way for the USPTO to report quality measures, during certain identified stages in the proceeding to be identified in the comments (with an explanation of why it would be practical and cost-effective)?

Category 3 - Pendency: The USPTO is also requesting comments on whether the quality of the prosecution and examination of the application and quality of the resultant patent can be improved at the same time as reducing the overall pendency of an application. This category also includes input on how the use of continuing applications (continuations, voluntary divisional applications) has affected overall pendency and quality. For example, where specific claims are allowed in a given application, does the filing of a continuation application to address the broader rejected claims add to or detract from the quality of prosecution and examination of the applications and the quality of the resultant patents?

Category 4 – Pilot programs: The USPTO is interested in receiving feedback regarding the effect on patent quality and examination quality resulting from various pilot programs (e.g., Peer-to-Patent, Pre-Appeal Brief Conference Pilot, First Action Interview Pilot, Continuing Education for Practitioners (CEP) Pilot) either expired or currently in effect. This quality effort does not include at this time providing selection options for different examination procedures such as deferred examination. Input as to what metrics could be used to measure enhancements of quality due to any of these pilot programs is also solicited.

Category 5 – Tools for achieving objectives: The USPTO is requesting identification of existing tools which are, or can be made, available to users and the USPTO to enhance the quality of the USPTO’s processes. Such would include, for example, software tools that will provide meaningful monitoring, search tools, claim analysis tools, and case law identification tools. In addition, the USPTO is interested in data mining tools to help monitor its quality items and other useful statistics.

Category 6 – Incentives: The USPTO is requesting comments on means to incentivize applicants and Office personnel to adopt procedures and practices that support the achievement of patent quality. It is recognized that additional efforts to increase patent quality may have associated costs or cost savings.

The criteria used to evaluate comments and proposals are set out below in section III which immediately follows. Comments should consider these criteria and address them as best possible to enhance the value and impact of any proposals and comments.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 111 

III. Criteria for Evaluating Comments and Proposals:

Public input which is received will be evaluated in terms of:

a) The feasibility of implementation of each proposed enhancement;

b) The relative value of the proposed enhancement -

  1. Will it affect a statistically significant number of cases, as compared to other suggestions?
  2. Will there be any negative consequences of proposed enhancement to the Office and practitioners that could outweigh the benefits of it implementation?
  3. Will cost/expenditure in Office resources outweigh the benefits of it implementation?

c) The ability to provide clear indicia of successful quality enhancement, and metrics that will meaningfully measure the results of such enhancement -

  1. Are there associated metrics that accurately reflect the indicia?
  2. Are there indicators associated with the metric that are capable of accurately reflecting meaningful progress?
  3. Do the indicia and metrics reflect a behavior that can be, in response to its being tracked, affect a statistically significant number of cases or apply only to certain technologies?

d) Practicality of implementing a process to obtain data reflecting the indicia, including –

  1. Will cost/expenditure in Office resources be too much or how should it otherwise be paid for?
  2. Will the tracking of the metric require major overhaul of USPTO internal process in order to gather the appropriate data?
  3. Will there be any negative consequences of using the indicia or its metrics to the Office and practitioners (e.g., chilling affect on other actions taken) that could outweigh the benefits of it use?
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 112 

IV. Background for the Requested Information

A. Current Quality Monitoring:

The Office of Patent Quality Assurance (OPQA) currently conducts in-depth reviews of examiner work products, evaluates findings, and assists the Patent Examining Corps in the development and implementation of quality improvement initiatives. The OPQA reviews are currently used to generate the official USPTO examination quality metrics. Prior to fiscal year 2005, the USPTO official quality metric was directed to only the final output of the examination process: an allowed application. The USPTO now has two official metrics of examination quality: (1) the Allowance Compliance Rate (the final output); and (2) the In-Process Review (IPR) Compliance Rate. Thus, OPQA’s current quality reviews focus on actions within the USPTO’s control in the patent process: namely the quality of the decision to allow an application and the quality of the Office actions issued during the course of examination of an application.

Allowance Compliance is determined by performing a review of a randomly selected sample of allowed applications drawn from all Technology Centers. The reviews are conducted on applications after a notice of allowance has been mailed in an application but prior to patent grant. The focus of this review is on the examiner’s decision to allow the application. If any allowed claim is found to be unpatentable for any reason provided in the patent laws, the allowance of the application is considered to be in error. The review findings are reported as the Allowance Compliance Rate, which is the percentage of reviewed applications whose allowance is not considered to be in error. In addition to the assessment of the patentability determination for the claims, the record is reviewed for completeness and clarity and to ensure compliance with procedural and formal matters. The review also evaluates the quality of the examiner’s search.

IPR Compliance is determined by performing a review of a randomly selected sample of applications containing Office actions issued prior to allowance or appeal of an application, primarily non-final and final Office actions, drawn from all Technology Centers. The focus of this review is on indicators of quality that were determined on the basis of feedback from patent practitioners obtained prior to the development of the IPR program and includes, but is not limited to, determining: (1) whether the rejections made in the Office action are proper; (2) whether the Office action fails to include rejections that would have been appropriate; (3) whether the examiner has responded to all matters of substance in the applicant’s reply; (4) whether the examiner has clearly set forth his or her reasoning; (5) the propriety of the finality of a final Office action; (6) the propriety of any restriction requirement; (7) the quality of the search; and (9) the propriety of the examiner’s handling of formal matters. If there is a clearly erroneous action on the part of the examiner that would cause the applicant or USPTO unnecessary rework or expense in the examination process (such as a clearly erroneous rejection of a claim, failing to include an appropriate rejection where institution of the rejection would necessitate an additional Office action, failure to substantively treat applicant’s reply, or improperly making an action final), the action is considered to be an error. The review findings are reported as the IPR Compliance Rate, which is the percentage of reviewed applications in which no clearly erroneous action is found.

Information obtained through the various reviews is analyzed to identify trends in examination quality, areas where improvement is needed, and strategies for gaining improvements.

B. Looking to the Future in Quality Monitoring:

The USPTO has, in the past, reviewed quality studies obtained from the public and those generated internally, and it has included the input from such studies in its effort to continually improve the quality examination process. Recently, however, the USPTO has received feedback that its current quality measures do not accurately measure the quality of patents issued by the USPTO or the quality of the USPTO’s examination process. In addition, the USPTO has received feedback that some measures it has taken to improve the quality of the patents it issues have resulted in prolonging the prosecution of applications. The USPTO is continually seeking ways to improve the quality of its examination of patents, to improve the means used to measure that quality, and to reduce application pendency. Thus, the USPTO is seeking public input (as above requested in Section II of this notice) on the best ways to improve quality, and measure that improvement, without extending the examination/prosecution process, and in fact to shorten the process. It is preferred that the improvements proposed should be directed to (a) ways of identifying and analyzing the best prior art and evidence bearing on patentability and presenting that information "up front," (b) a clear presentation of the positions of the USPTO and the applicant to each other at each stage of the process, and (c) coming to a definitive resolution of the issues that are presented which resolution is clearly stated, and presents a clearly identified scope of the patent coverage. Comments that focus on specific issues which apply to certain technologies are also solicited.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 113 

V. Some specific areas of particular Office interest, addressing shared responsibility

Enhancement of the process and its quality, as well as monitoring of same, are best accomplished when process changes are a product of input from the USPTO and from the public patent community, as a shared responsibility stemming from the partnership between the patent community and the USPTO in the patent process. This notice is focused on that shared responsibility. In that context, and in the interest of making this request for comments more focused for subsequent action, five specific areas in which the USPTO is particularly interested in receiving comments will now be discussed. The completeness and quality of action taken in these areas prepares the application for an efficient and reliable conclusion in its evaluation, and furthers the goal of providing valid patents.

This notice makes no representation that these five specific areas are the only areas where quality can be improved. The USPTO welcomes any further suggestions to address the details of improving quality in the five areas specifically identified below, as well as suggestions to address any other specific areas of concern which may be included in this or follow-up quality improvement efforts.

1. Prior Art:

Recognizing the essential need for having the best prior art before a patent examiner during the initial examination of a patent application to the quality of the examiner’s decision on the patentability of the invention as defined in the claims and the ultimate validity of a granted patent, the USPTO provides specific instructions to examiners for identifying the most pertinent prior art for an application. These instructions are designed to furnish patent examiners with sufficient information to make appropriate novelty and non-obviousness determinations.

Examiners are instructed to conduct "a thorough investigation of the available prior art relating to the subject matter of the claimed invention." See 37 CFR 1.104(a). More specifically, the Manual of Patent Examining Procedure (MPEP) instructs examiners that prior art searches are to include not only the field in which the invention is classified, but also analogous arts. See MPEP § 904.01(c) (8th ed. 2001) (Rev. 7, July 2008).

To assist examiners in obtaining the best prior art, the USPTO has invested a substantial amount of resources in the search and retrieval of a wide variety of prior art documents. Patent examiners can readily search classified files, microfilm, and CD-ROMs, comprising United States patents, foreign patent documents, Patent Cooperation Treaty (PCT) publications, as well as a large selection of non-patent literature, including technical journals, books, magazines, encyclopedias, product catalogues, and industry newsletters. In addition, patent examiners have access to in-house and commercial online databases providing convenient access, from their desktop, to millions of United States and foreign patent and non-patent literature documents. Furthermore, all patent examiners have access to the Internet to search relevant Web sites for prior art.

The most rapidly changing technologies, for example, in the telecommunications and the computer-related arts, present challenges in searching and identifying the most relevant prior art. This is because often the best prior art with respect to these emerging technologies is available as non-patent literature months to years before it is available in the form of United States or foreign patents. Accordingly, searching the non-patent literature in rapidly changing technologies is vital to the quality of the patentability determination. To ensure complete coverage, the USPTO is working on assembling a larger, more complete non-patent literature prior art collection in emerging technologies and is working on providing patent examiners with better access to non-patent literature in new areas of technology, as new areas continue to emerge.

In addition to the prior art uncovered during the search conducted by the examiner, applicants have a duty to submit all information known to them to be material to patentability of the claims. See 37 CFR 1.56. Applicants are also encouraged to review certain types of information, e.g., prior art cited in search reports of a foreign patent office in a counterpart application, to ensure that material information is disclosed to the USPTO. See 37 CFR 1.56(a)(1) and (a)(2). It is also helpful for applicants to perform a search on the disclosed invention prior to drafting claims for presentation for examination. This applicant contribution is important to high quality patent examination because inventors often are in the best position to be aware of the state of the art and are in possession of, or have access to, the most pertinent prior art. The quality of patent examination increases when applicants assist the examiners in identifying prior art information, particularly non-patent literature, which is material to patentability. This is especially so when the information is identified to the USPTO as early as possible in the examination process, so that issues can be clarified, defined and resolved at an early stage in the examination process.

Given the above, comments are being solicited to improve upon the performance of the shared responsibility of applicants and USPTO in identifying relevant prior art. In this regard, the USPTO would like to address the difficulties involved in locating the best prior art, and any perception that the best art is not being found with particularity regarding gaps in certain technology areas. Comments are also being solicited regarding search techniques and procedures which can improve the success of identifying relevant prior art, as well as how the parties’ efforts in bringing this about can be better achieved and measured. Comments are further being solicited how the success of identifying relevant prior art can be measured, as well as how the parties’ efforts in bringing this about can be measured.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 114 

2. Comprehensive Initial Application:

The patent acquisition process is best streamlined when the applicant presents a comprehensive initial application. It is suggested that such an application could include the following elements.

Applicant’s representative practitioner would present a reasonable number of claims upon filing that cover the broadest and narrowest claim coverage the application clearly supports under 35 USC 112 and the applicant is willing to accept. The claims would be drafted taking into consideration the relevant prior art and evidence available, and the closest prior art (e.g., 5-10 most relevant references) and evidence would be presented to the Office as early as possible.

Applicant’s representative practitioner would present a clear and complete specification that provides clear written description and support that provides antecedent basis for all claim language. The specification would be readily understandable, with terms or phrases that are not clearly defined in the state of the art having special definitions so that the applicant, examiner, and the public share a common understanding of scope of the specification and claims,

Comments are being solicited as to the various aspects of the initial application. In addition, input is sought as to what guidelines the USPTO can disseminate, to best assist applicants in preparing applications in a manner that the USPTO can most efficiently and completely examine the applications; and how the completeness of filed applications can be measured. In particular, the Office is interested in suggestions as to what features of an initial filing can be used as indicia of the quality and completeness of the submitted application and how to measure the effect these indicia have on pendency of the application and quality of the final result.

3. Comprehensive First Office Action on Merits, With Clear Explanation of All Issues:

After reviewing the entire specification in detail, the examiner construes the claims and searches the disclosed invention defined by the claims as construed. The examiner then reviews the entire application for compliance with all the relevant statutory and regulatory requirements, and communicates his/her findings to the applicant in an Office action on the merits. The examiner provides a clear explanation of all issues in the Office action. See 37 CFR 1.104(a).

A comprehensive initial Office action (which is geared toward eliciting a comprehensive response from applicant) is important to streamline the effective resolution of issues between applicant and examiner. It is suggested that initial Office action could include the following. When warranted, the examiner may explain in the Office action the examiner’s claim construction as compared with the scope of the disclosed invention, and how the prior art is being applied to the claims. In those instances, the examiner would explain how the prior art is applied against the claims given their broadest reasonable claim construction, as that construction was explained by the examiner. The examiner would also apply the prior art to the claims, as they may be interpreted in light of the specification. The examiner would point out any issues of claim clarity and support for the claims (as well as any other statutory or formality deficiency in the claims and disclosure as a whole), and how to address the issues, as appropriate.

It is contemplated that examiners be explicitly instructed not to always rely solely on form paragraphs, and to modify any form paragraph used, when such is appropriate to a given situation. In general, when using a form paragraph, the examiner should be familiar with any statutory, regulatory, and case law cited in the form paragraph and discuss it in detail as it applies to the specific facts of the case.

It is also contemplated that the Office action would be structured to not only clearly define the issues that are raised, but also to explain any subtleties that an applicant might not recognize. Likewise, the action would not only respond to all points made by applicant, but also would address applicant’s assumed logic on which those points were based. Finally, the action would provide suggestions to resolve any issues, whether clearly raised or not, that the examiner believes can and should be resolved, to facilitate the process and resolve issues at the earliest point possible.

Comments are being solicited as to the aspects of the initial Office action that will enhance quality, how one can measure the particular suggestions, whether any aspect of the suggestions should be mandatory or be otherwise procedurally handled, and further addresses the cost impact and how and whether any resultant additional costs to the system of implementing the suggestions can be dealt with or whether the costs exceed the perceived benefits. Comments are also solicited as to how examiners can best communicate the information discussed above, to best assist applicants in responding to Office actions; and how the success of that communication can be measured.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 115 

4. Comprehensive and Clear Response to Office Action on the Merits:

Following the Office action, the process is most efficiently advanced when the applicant’s response presents all the information at applicant’s disposal bearing on the patentability of the claims and desired issuance of a patent. It is desirable that the response place the application in a position where applicant has addressed all the examiner’s points as well as all of applicant’s needs, while at the same time preparing the application for final resolution of the issues. It is suggested that the response include the following elements.

In responding to the Office action, applicant would address the examiner’s explanation of claim construction to the extent it is given, including explaining any disagreement between the USPTO and applicant as to the claim construction. After reading the USPTO’s position in the Office action, applicant would provide all needed ndependent and dependent claims to cover all aspects of coverage desired - prior to the need for a final Office action; this set of claims should include claims that would result in the coverage desired should the examiner’s claim construction be adopted (i.e., define patentability over the examiner’s claim construction and the examiner’s overall position). Applicant would not assume that arguments directed to independent claims will be persuasive, but rather would also argue all meaningful dependent claims individually and explicitly point out which limitations do define patentability, and which do not. Also, all evidence to address the examiner’s position would be presented as early as possible and before final Office action; it should not to be assumed that if applicant’s arguments are not accepted, the evidence can later be presented.

Comments are being solicited as to the various aspects of the above suggested response. In addition, comments are being sought as to what guidelines the USPTO can disseminate, to best assist applicants in preparing responses in a manner that the USPTO can most efficiently and completely resolve issues, and bring the examination of the application to a rapid, yet comprehensive, conclusion; and how the success of this can be measured.

5. Proper Use of Interviews:

It is highly desirable that the examiner encourages, and is prepared to conduct, an interview whenever it will facilitate resolving ambiguities and issues, or will otherwise allow for a more effective examination.

As to applicant’s role, it is suggested that (to obtain maximum benefit from the interview) whenever the practitioner requires clarification of an Office position, the practitioner have an interview on the application prior to submitting the response and after comments on Office actions have been received from the client. Before an interview, the practitioner would provide the examiner with an agenda for the interview, including copies of any proposed amendments, exhibits, or other information that would be beneficial to review in advance.

After the interview, both the examiner and applicant would independently set forth in detail what took place at the interview (as required by current procedure). Prior art, and other information/evidence discussed would be specifically identified and the points regarding the claim limitations and/or the disclosure and teachings of the references would be made part of the record. The response to the outstanding Office action would make reference to the points noted in the practitioner’s interview summary. Likewise, the response would also address the examiner’s interview summary, if it is already of record; if there is conflict with attorney’s summary, that conflict can be explicitly noted and clarified as needed.

Comments are being solicited on how to improve upon the carrying out of the shared responsibility of applicants and USPTO in conducting meaningful interviews, to resolve issues at the interview, and to make the full substance of the interview of record; and how the effectiveness of the interview, as well as the completeness of its recorded summary, can be measured.

VI. Guidelines for Written Comments

Written comments should include the following information: (1) the name and affiliation of the individual responding; and (2) an indication of whether comments offered represent views of the respondent’s organization or are the respondent’s personal views.

As discussed previously, the USPTO prefers to receive comments via the Internet. Information provided in response to this request for comments will be made part of a public record and may be available via the Internet. In view of this, parties should not submit information that they do not wish to be publicly disclosed or made electronically accessible. Parties who would like to rely on confidential information to illustrate a point are requested to summarize or otherwise submit the information in a way that will permit its public disclosure.

October 5, 2009 DAVID J. KAPPOS
  Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 116 

Supporting Draft Documents On The Quality Initiative

Topics:

A.  Federal Register Notice-Gather Input from Public on Enhancing and Measuring Patent Quality
B. Outline of the Federal Register Notice
C.  Internal (PTO) Focus Sessions/Analysis, etc.
D.  Possible Quality Roundtable with Public Participation

A. Federal Register Notice to Gather Input from Public on Improving and Measuring Patent Quality

1. Draft a Federal Register Notice - "Request for Comments on Improving the Quality of Patents." (See Public Notice 10/03/09 draft)

2. Review, Finalize and Publish the Notice in the Federal Register, setting a period for public comment.

3. Collect the public’s comments provided in response to the "Request for Comments"  Notice.

4. Review, analyze, and evaluate the comments.

5. Prioritize the suggested improvements and "metrics" submitted in the comments based on at least:

a) Defining measurable criteria or indicia to meaningfully improve the quality of issued patents and reduce the pendency of patent applications.
1) Prioritizing the criteria and metrics; properly linking them to maximize improvement, and estimation of statistical number of cases to be effected, and
2) How will the metrics be used by the USPTO to demonstrate progress  

The  comments should also address:
 the practicality and feasibility of implementation of the enhancements;
 the relative value of the proposed enhancements - the cost or any negative consequences of proposed enhancement to the Office and practitioners that could outweigh the benefits  

6. (Possibly) Publish a Federal Register Notice of Intent to Implement Proposed Measures, based upon the analysis above. (may lead to a further round to refine proposals)

7. Implement proposals that show meaningful measurable benefits  

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 117 

B. Outline of the Notice

1. Title - "Request for Comments on Improving the Quality of Issued Patents".

2. Required Preliminary Information: 

-Agency: Patent and Trademark Office
-Action: Request for Public Comments
-Summary: The USPTO is seeking comments to obtain views of the public on issues associated with improving the quality of issued patents and reducing application pendency, identifying appropriate indicia of the improvements, and establishing metrics for the measurement of the indicia.
-Comment Deadline Date
-Instructions for providing Comments
-Contact Information for further Information.

3. "Supplementary Information: This section sets out the purpose and motivation of the Notice and what the Office expects from the process.  It will have (at least) the following subsections:

I. Background:

a. Discuss the function of USPTO: Examine patents for compliance with the patent statute.  
b. State -   The USPTO is continually seeking to maintain and improve upon the quality of its examination of patent applications and the patents resulting from that examination and to reduce the pendency of patent applications
c. Give proposed examples, with explanation, of quality items – activities having potential to enhance quality, indicia of enhancement, and metrics to monitor the indicia.
        e.g., focus on identifying and applying the best prior art -
d. Request public comments on the proposed examples of quality items, indicia, and metrics.
e. Request public input re proposals of other quality items, indicia, and metrics.

II. Issues for Public Comment

a. List proposed examples of quality items, indicia, and proposed metrics for which USPTO is seeking comments and input.
b. General call for other proposed quality items, indicia, and metrics from public. This to include an explanation of how these indicia reflect the quality of either prosecution or the final product, and how the metrics provide an accurate measurement of the indicia.
The request should identify specific quality indicia for the public to address:
   Prior to filing
      The drafting of an application
      The associated prior art known and found
   1st Examination (completeness, accuracy and clarity)
   Response to 1st OA
   Final Rejection
   After Final (amendment/argument, examiner action) and    continuing applications
   Allowance (accuracy and clarity of allowance,    including RFA)  

c. Ask for procedures for the process of obtaining the indicia of quality, and measuring the indicia.
  1.  USPTO is looking for identifiable indicators of measurable quality indicators.
  2 All quality measures that would be tracked must be measurable as to their indicia, show a proven link to quality (or at least a reasonable basis for a link to quality, which can then be ascertained through review of data), and be a measure that could reasonably be attributable to a source that could be held accountable for that measure.

 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 118 

III. Specific Questions for the Public to Consider when Providing Comments
  Cost Effectiveness
  Implementation
  Effect on Applicants
  Effect on USPTO process 
  Pendency and Backlog
  What data needs to be collected

IV. Guidelines for Written Comments

  Boilerplate as to how to submit information, and what identifying and contact information should be included with the comments

C. Internal (PTO) Focus Sessions/Analysis, etc.

The USPTO and PPAC should set up a committee to brainstorm on quality indicia and related metrics that can reflect these indicia in a reasonably accurate manner.  The team should include people familiar with examination quality (such as TQASs, or Directors, or SPEs), the reporting systems, and statistical methods and reliability.  The team should also have a coordinator (support staff). 

Focus sessions with patent managers, examiners, and support staff should be held to gather ideas and feedback on ideas.  This will (a) generate more ideas , (b) give insight into how certain proposals will be dealt with in actual practice and (c) allow the committee to factor in data on effects on morale and what type of behavior a given proposal may incentivize or deter (either intended or unintended; positive or negative).

D. Possible Quality Roundtable

A quality roundtable could be conducted with a variety of practitioners and Office personnel.  The roundtable could be subsequent to, or concurrent with, the internal focus sessions.

Initial 3 Quality Metrics
1. Overall pendency  in office
    time from  initial filing to final o/a
    time from  initial filing to allowance/appeal incl. continuations
        -       was final o/a withdrawn
        -       was there an appeal or refilling in resp to final
        -       was there an interview in case
        -

2. Quality of search and application of art
    Did applicant identify closest art relied on by examiner
      Was new art found/submitted after initial examination?
        Source of new art
    If case appealed reexamined or litigated: was new art cited?
    Did Combination of prior art properly support unobviousness
      Were claims denied in Reexam or Federal Circuit on prior art grounds
        Were grounds same or different from examiner

3. Quality of claims and initial filed application
    Were initial filed independent claims amended
        In response to art
            In response to 112 rejection
    Were allowed independent claims litigated
        If so were claims invalidated – reason
    Were claim term elements defined in specification

    Did applicant conduct prior art search:
        Was closest single reference and point of novelty identified

    Internal consistency: claim terms and specification
    Sufficiency of data and supporting description alignment with claims.

Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 119 

Status of Public Records Division 
		       Status of Public Records Division

   The Public Records Division (PRD) processes and fills orders for both
certified and uncertified copies of Patent and Trademark Office documents
and records assignments and other documents related to title.  This is an
update of actual processing times for orders filled during the month of
October 2009:



DOCUMENT SERVICES				Goal	         Actual
							  	 Processing
							  	 Time


Certified Documents

Patent Applications-As-Filed	 	 	 7 days	 	  3 days
Patent Related File Wrappers			25 days	 	 14 days
Patent Copies					10 days	 	  3 days
Patent Assignments				10 days		  4 days
Trademark Applications-As-Filed	 	 	 7 days		  3 days
Trademark Related File Wrappers			25 days		 10 days
Trademark Assignments				10 days		  4 days
Trademark Registrations, Expedited	 	 5 days		  2 days
Trademark Registrations, Regular		14 days		  6 days

Uncertified Documents

Patent Copies	                         	 5 days		  1 day
Plant Patents				 	 5 days		  6 days
Patent Assignments		        	10 days		  1 day
Patent Related File Wrappers	 		25 days		  9 days
Trademark Copies		         	 5 days		  1 day
Trademark Assignments				10 days		  1 day
Trademark Related File Wrappers			25 days		  4 days

   Customers should use the above actual processing time for each product
as a guide as to when they can expect their orders to be completed.  In
cases where an urgent deadline is approaching, contact Patent and Trademark
Copy Fulfillment Branch at (571) 272-3150 or 1 (800) 972-6382 for
assistance with a particular order.

   Customers are encouraged to place orders through the Internet at
http://ebiz1.uspto.gov/oems25p

   Orders may also be faxed to the Patent and Trademark Copy Fulfillment
Branch at (571) 273-3250. Information on the status of pending orders may
be obtained by calling (571) 272-3150 or 1 (800) 972-6382 (outside the
Washington, DC Metro area), or via E-mail to dsd@uspto.gov.

ASSIGNMENT SERVICES

						Goal		 Actual
								 Processing
								 Time

Submission Method


Internet (EFS, ePAS or eTAS)			 2 days		  1 day
Fax						10 days		  1 day
Paper						14 days		  1 day

   The Assignment Services Branch is currently mailing recordation notices
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 120  

for paper documents received in the Public Records Division on October 30,
2009.

   Customers should use the above actual processing times as a guide as to
when they can expect their assignment submissions to be processed.  For
fastest service customers are encouraged to file assignments via the
Internet.

   Assignment submissions may be made via the Internet at
http://epas.uspto.gov/ for patent assignments and http://etas.uspto.gov for
trademark assignments. Patent assignment submissions may also be made by
selecting the "Electronic Filing (EFS)" option at http://www.uspto.gov/ebc.

   Assignment submissions may also be faxed to the Assignment Services
Branch at (571) 273-0140.  Trademark assignment recordations may be
reviewed online at http://assignments.uspto.gov/assignments. Information on
the status of pending assignment recordations may be obtained by calling
(571) 272-3350 or 1 (800) 972-6382 (outside the Washington, DC Metro area).

November 2, 2009					      SANDRA BIGSBY
 	                                   Manager, Public Records Division
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 121 

Disclaimers 
				  Disclaimers


   5,719,147 - Conrad P. Dorn Plainfield; Paul E. Finke, Milltown; Jeffrey
J. Hale, Westfield; Malcolm MacCoss, Freehold; Sander G. Mills, Woodbridge;
Shrenik K. Shah, Metuchen, all of N.J.; Mark Stuart Chambers, North Bushey,
England; Timothy Harrison, Great Dunmow, England; Tamara Ladduwahetty,
Buckhurst Hill, England; Brian John Williams, Great Dunnow, England.
MORPHOLINE AND THIOMORPHOLINE TACHYKININ RECEPTOR ANTAGONISTS.  Patent
dated Feb. 17, 1998.  Disclaimer filed October 23, 2009, by the assignee
Merck & Co., Inc.

   The term of this patent shall not extend beyond the expiration dates of
Pat. Nos. 5,691,336 and 5,512,570.


   7,595,801 B1 - Barry M. Cherkas, Jamaica, NY (US), COMPLETE FUNCTION
GRAPHING SYSTEM AND METHOD.  Patent dated Sep. 29, 2009. Disclaimer filed
September 17, 2009, by the Inventor, Barry M. Cherkas.

   The terminal part of this patent has been disclaimed.


   6,159,203 - Edward Lawrence Sinofsky, Reading, Mass.  INFRARED LASER
CATHETER SYSTEM.  Patent dated December 12, 2000.  Disclaimer filed
September 14, 2009, by the assignee, CardioFocus, Inc.

   Hereby disclaims the following complete claims in Pat. No. 6,159,203
claims 1-10 and 12-19 hereby said patents.
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 122 

Errata 
				    Errata

   "All reference to Patent No. D. 603,178 to Philip R. Caggiano of
Bronxville, NY for LOUNGE CHAIR appearing in the Official Gazette of
November 03,2009 should be deleted since no patent was granted."

   "All reference to Patent No. D. 603,517 to Ronald E. Huffman of Oro
Valley, AZ for QUADRANT DENTAL ARTICULATOR OPPOSING BASE appearing in the
Official Gazette of November 03, 2009 should be deleted since no patent was
granted."

   "All reference to Patent No. 7,610,824 to Toru Nishi, et al of Saitama,
Japan for VEHICLE POWER UNIT WITH IMRPOVED LUBRICATION OIL RECOVERY
STRUCTURE appearing in the Official Gazette of November 03, 2009 should be
deleted since no patent was granted."

   "All reference to Patent No. 7,611,506 to Paul R. Mounce, et al of
Burbank, CA for INFUSION MEDIUM DELIVERY DEVICE AND METHOD WITH DRIVE
DEVICE FOR DRIVING PLUNGER IN RESERVOIR appearing in the Official Gazette
of November 03, 2009 should be deleted since no patent was granted."

   "All reference to Patent No. 7,611,679 to Ho-Man Rodney Chiu, et al of
San Jose, CA for REACTOR DESIGN TO REDUCE PARTICLE DEPOSITION DURING
PROCESS ABATEMENT appearing in the Official Gazette of November 03, 2009
should be deleted since no patent was granted."

   "All reference to Patent No. 7,611,682 to Sahle-Demessie, et al of
Cincinnati, OH for PROCESS USING COMPACT EMBEDDED ELECTRON INDUCED
OZONATION AND ACTIVITY OF NANOSTRUCTURED TITANIUM DIOXIDE PHOTOCATALYST FOR
PHOTOCATALYTIC OXIDATION appearing in the Official Gazette of November 03,
2009 should be deleted since no patent was granted."

   "All reference to Patent No. 7,611,710 to Myung Kyung Kim, et al of
Bethesda, MD for EFFECT OF BST2 ON INFLAMMATION appearing in the Official
Gazette of November 03, 2009 should be deleted since no patent was
granted."

   "All reference to Patent No. 7,611,775 to Tadashi Marumoto of Koka-shi,
Japan for INTERLAYER FILM FOR LAMINATED GLASSES AND LAMINNATED GLASS
appearing in the Official Gazette of November 03, 2009 should be deleted
since no patent was granted."

   "All reference to Patent No. 7,612,235 to Ralf Glathar, et al of Bad
Sackingen, Germany for ACETYLENE DERIVATIVES appearing in the Official
Gazette of November 03, 2009 should be deleted since no patent was granted."

   "All reference to Patent No. 7,612,297 to Yogo Kawasaki, et al of Ogaki,
Japan for MULTI-LAYER PRINTED CIRCUIT BOARD AND METHOD OF MANUFACTURING
MULTI-LAYER PRINTED CIRCUIT BOARD appearing in the Official Gazette of
November 03, 2009 should be deleted since no patent was granted."

   "All reference to Patent No. 7,612,755 to Munehiro Azami, et al of
Kanagawa-Ken, Japan for PULSE OUTPUT CIRCUIT, SHIFT REGISTER AND DISPLAY
DEVICE appearing in the Official Gazette of November 03, 2009 should be
deleted since no patent was granted."

   "All reference to Patent No. 7,613,178 to Kenji Kurashima, et al of
Kawasaki, Japan for TRANSMISSION NETWORK SYSTEM appearing in the Official
Gazette of November 03, 2009 should be deleted since no patent was granted."

   "All reference to Patent No. 7,613,221 to Masaru Kuramoto of Miyagi,
Japan for LASER DIODE DEVICE appearing in the Official Gazette of November
03, 2009 should be deleted since no patent was granted."

   "All reference to Patent No. 7,613,614 to Nozomi Noguchi, et al of
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 123  

Kanagawa, Japan for VOICE GUIDE SYSTEM AND VOICE GUIDE METHOD THEREOF
appearing in the Official of November 03, 2009 should be deleted since no
patent was granted."

   "All reference to Patent No. 7,613,679 to Naokazu Nemoto, et al of
Yokohama, Japan for COMPUTER SYSTEM, COMPUTER, DATA ACCESS METHOD AND
DATABASE SYSTEM appearing in the Official Gazette of November 03, 2009
should be deleted since no patent was granted."

   "All reference to Patent No. 7,613,681 to Christopher M. Piedmonte of
Liberty Hill, TX for SYSTEMS AND METHODS FOR DATA MANIPULATION USING
MULTIPLE STORAGE FORMATS appearing in the Official Gazette of November 03,
2009 should be deleted since no patent was granted."
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 124 

Certificates of Correction 
			  Certificates of Correction
			     for November 10, 2009

5,404,070             7,415,486            7,541,428            7,580,819
5,479,505	      7,416,134		   7,541,517		7,581,161
5,532,241	      7,417,195		   7,541,588		7,581,271
6,434,544	      7,417,405		   7,541,819		7,581,302
6,555,346	      7,419,501		   7,542,621		7,581,670
6,557,054	      7,423,366		   7,542,780		7,581,741
6,662,069	      7,426,900		   7,542,852		7,581,758
6,765,164	      7,428,882		   7,543,273		7,581,923
6,771,525	      7,429,255		   7,543,474		7,581,948
6,790,488	      7,432,340		   7,544,259		7,581,953
6,837,182	      7,433,340		   7,544,761		7,582,112
6,838,663	      7,434,725		   7,544,857		7,582,289
6,846,305	      7,434,895		   7,545,495		7,582,305
6,872,964	      7,436,632		   7,546,086		7,582,433
6,904,877	      7,440,502		   7,546,427		7,582,482
6,934,677	      7,442,667		   7,546,442		7,582,600
6,954,211	      7,442,761		   7,546,769		7,582,752
6,954,530	      7,442,813		   7,547,084		7,582,815
6,970,849	      7,443,731		   7,547,373		7,583,275
6,976,673	      7,445,220		   7,547,440		7,583,276
6,983,542	      7,445,819		   7,548,522		7,583,326
6,985,381	      7,450,069		   7,548,692		7,583,526
6,989,032	      7,450,911		   7,548,984		7,583,687
6,990,755	      7,451,558		   7,549,273		7,583,704
6,996,229	      7,452,277		   7,551,411		7,583,770
7,006,711	      7,456,062		   7,551,482		7,583,805
7,010,355	      7,456,750		   7,551,597		7,583,933
7,025,346	      7,461,098		   7,551,780		7,584,160
7,036,584	      7,462,589		   7,552,050		7,584,174
7,038,697	      7,464,544		   7,552,205		7,584,197
7,051,415	      7,466,008		   7,552,434		7,584,324
7,074,178	      7,466,977		   7,552,608		7,584,534
7,075,392	      7,470,210		   7,552,715		7,584,643
7,085,778	      7,471,012		   7,553,236		7,585,013
7,087,625	      7,472,445		   7,553,588		7,585,280
7,092,335	      7,474,811		   7,554,688		7,585,456
7,100,067	      7,475,394		   7,554,758		7,585,672
7,102,185	      7,477,999		   7,555,077		7,585,792
7,109,795	      7,478,047		   7,555,553		7,585,983
7,112,879	      7,478,986		   7,555,581		7,586,026
7,113,599	      7,480,956		   7,555,607		7,586,126
7,118,826	      7,482,251		   7,556,817		7,586,176
7,123,895	      7,482,454		   7,557,076		7,586,228
7,129,270	      7,483,197		   7,557,194		7,586,607
7,131,059	      7,484,145		   7,557,214		7,586,918
7,142,137	      7,485,445		   7,557,499		7,587,015
7,144,761	      7,485,709		   7,557,693		7,587,159
7,153,398	      7,487,597		   7,557,719		7,587,185
7,156,995	      7,488,910		   7,557,964		7,587,233
7,169,093	      7,492,281		   7,559,208		7,587,254
7,184,748	      7,492,468		   7,559,582		7,587,387
7,185,414	      7,493,079		   7,560,233		7,588,068
7,196,466	      7,494,947		   7,560,517		7,588,325
7,205,158	      7,498,298		   7,560,658		7,588,407
7,214,510	      7,498,749		   7,561,058		7,588,526
7,215,841	      7,499,132		   7,561,439		7,588,578
7,221,269	      7,500,971		   7,561,889		7,588,678
7,222,928	      7,500,986		   7,561,987		7,588,679
7,226,492	      7,501,001		   7,562,007		7,588,736
7,235,348	      7,501,034		   7,562,117		7,588,820
7,240,219	      7,501,879		   7,562,328		7,588,866
7,240,510	      7,504,354		   7,562,663		7,588,952
 December 1, 2009 US PATENT AND TRADEMARK OFFICE 1349 OG 125  

7,244,809	      7,504,420		   7,562,912		7,589,205
7,244,847	      7,506,544		   7,562,955		7,589,309
7,250,519	      7,507,130		   7,563,277		7,589,618
7,254,467	      7,507,618		   7,563,377		7,589,736
7,269,846	      7,507,688		   7,563,445		7,589,822
7,269,847	      7,507,731		   7,563,477		7,590,251
7,273,405	      7,508,295		   7,563,593		7,590,334
7,281,139	      7,509,167		   7,564,310		7,590,360
7,288,608	      7,509,209		   7,564,749		7,590,525
7,290,076	      7,509,367		   7,565,371		7,590,903
7,291,919	      7,510,509		   7,565,523		7,591,125
7,292,771	      7,511,181		   7,565,673		7,591,128
7,296,291	      7,511,410		   7,565,782		7,591,161
7,313,822	      7,512,578		   7,565,821		7,591,296
7,315,663	      7,512,716		   7,565,964		7,591,314
7,317,037	      7,513,120		   7,566,122		7,591,876
7,319,012	      7,513,365		   7,566,383		7,591,891
7,324,226	      7,514,631		   7,566,531		7,591,945
7,326,637	      7,515,695		   7,566,585		7,591,949
7,328,785	      7,517,604		   7,567,154		7,592,150
7,334,199	      7,517,919		   7,567,370		7,592,256
7,338,076	      7,518,436		   7,567,461		7,592,350
7,340,525	      7,519,256		   7,567,493		7,592,420
7,342,055	      7,519,408		   7,567,702		7,592,433
7,343,408	      7,519,409		   7,569,003		7,592,496
7,344,724	      7,519,481		   7,569,013		7,592,590
7,344,882	      7,519,797		   7,569,252		7,592,641
7,346,498	      7,519,837		   7,569,629		7,592,929
7,350,194	      7,521,452		   7,569,671		7,592,930
7,351,382	      7,521,474		   7,569,683		7,593,123
7,352,481	      7,522,681		   7,570,405		7,593,186
7,352,867	      7,522,796		   7,570,431		7,593,195
7,353,197	      7,522,919		   7,570,432		7,593,204
7,356,484	      7,523,150		   7,571,000		7,593,404
7,356,545	      7,523,151		   7,571,251		7,593,464
7,359,890	      7,523,888		   7,571,386		7,593,472
7,360,155	      7,524,331		   7,571,497		7,593,621
7,362,719	      7,524,648		   7,572,030		7,594,416
7,363,538	      7,526,029		   7,572,117		7,594,525
7,363,584	      7,526,314		   7,572,257		7,594,602
7,367,144	      7,526,342		   7,572,465		7,595,158
7,373,197	      7,526,455		   7,572,573		7,596,185
7,374,693	      7,526,720		   7,572,610		7,596,455
7,375,377	      7,527,234		   7,572,764		7,596,461
7,377,179	      7,527,802		   7,573,108		7,596,496
7,377,838	      7,528,077		   7,573,225		7,597,518
7,378,441	      7,529,149		   7,573,459		7,597,589
7,379,916	      7,529,160		   7,573,739		7,597,927
7,380,948	      7,529,213		   7,574,081		7,599,873
7,387,999	      7,529,215		   7,574,217		7,601,319
7,390,538	      7,529,744		   7,574,616		D. 526,393
7,390,735	      7,530,559		   7,574,993		D. 539,808
7,392,110	      7,531,080		   7,575,224		D. 558,573
7,393,676	      7,531,563		   7,575,655		D. 573,156
7,395,271	      7,532,050		   7,575,978		D. 577,728
7,395,351	      7,532,801		   7,576,066		D. 578,022
7,396,833	      7,533,022		   7,576,194		D. 584,954
7,397,632	      7,533,083		   7,576,228		D. 587,119
7,397,676	      7,533,395		   7,576,254		D. 588,988
7,398,265	      7,534,434		   7,576,267		D. 589,293
7,398,531	      7,534,986		   7,576,477		D. 590,281
7,398,848	      7,535,298		   7,576,518		D. 593,823
7,400,492	      7,535,812		   7,576,648		D. 596,729
7,401,034	      7,535,874		   7,577,084		D. 597,676
7,401,084	      7,535,900		   7,577,113		D. 597,705
7,401,088	      7,536,013		   7,577,250		D. 598,809
7,402,678	      7,536,179		   7,577,313		D. 599,673
7,403,465	      7,536,544		   7,578,505		D. 599,698
7,405,213	      7,537,008		   7,578,720		D. 600,158
7,405,261	      7,538,092		   7,578,866		D. 600,906
7,405,567	      7,538,176		   7,579,113		D. 601,008
7,410,435	      7,539,002		   7,579,942		D. 601,074
7,410,549	      7,539,692		   7,580,039		D. 601,205
7,411,497	      7,540,274		   7,580,254		RE. 40,662
7,411,763	      7,540,559		   7,580,568
7,412,346	      7,541,401		   7,580,601
Top of Notices Top of Notices December 1, 2009 US PATENT AND TRADEMARK OFFICE Print This Notice 1349 OG 126 

Summary of Final Decisions Issued by the Trademark Trial and Appeal Board 




SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
October 26-30, 2009





 

Date Issued
 		
Type of Case(1)
Proceeding or Appn. No.
Party or Parties
Issue
TTAB Decision
Opposer's or Petitioner's Mark and Goods or Services
Applicant's or Respondent's Mark and Goods or Services
Mark and Goods Cited by Examining Attorney
Citable as Precedent of TTAB

 

 

  10-26
  EX
  76581689
  Achenbach Buschhutten GmbH
  2(d)
  Refusal Affirmed in both classes
   
  "OPTIFOIL" (and design incorporating the stylized letters "AB") [in Class 7: electric, hydraulic and pneumatic machines and parts thereof for automating and optimizing rolling processes, for preparing, transporting and optimization of throughput, quality and surface of rolled material, namely, rolling mills, recoilers, decoilers, conveyors; in Class 9: electronic and optical apparatus for measuring, controlling and regulating rolling processes, and for managing detection, evaluation and recording of data for rolling processes, namely, electrical controllers, data processors, optical sensors]
  "OPTIFOIL PLANT" [rolling mills; apparatus and instruments for measuring flatness, namely, control rollers; and a number of other, related goods]
  No
 

 

  10-26
  OPP
(SJ)		
  91185393
  Hewlett-Packard Development Company, L.P. v. Vudu, Inc.
  2(d)
  Opposer’s motion for summary judgment granted as to applicant’s goods in Class 9 but denied as to applicant’s services
  "VOODOO" [personal and gaming computers, and other goods; and various services]
  "VUDU" [in Class 9: computer software for use in computers for the transmission, storage and playback of audio and video content, and other goods; a variety of services in Classes 35, 38, 41 and 42]
   
  Yes
 

 

  10-27
  EX
  77314821
  Innovative Display-works, Inc.
  2(d)
  Refusal Affirmed
   
  "FLEXTRAX" [adjustable glide trays formed from plastic for receiving, storing and displaying retail merchandise, beverages and food products]
  "FLEXTRACKER" [display racks and shelves, namely, single and multiple track member inserts for display racks and shelves]
  No
 

 

  10-27
  EX
  78797031
  Radius Health, Inc.
  2(d)
  Refusal Reversed
   
  "RADIUS" (and design) [research services in the fields of pharmaceuticals and medicines]
  "RADIUS" [product design and development services for others]
  No
 

 

  10-30
  OPP
  91160266
  Christopher Brooks v. Creative Arts by Calloway, LLC
  2(d)
  Opposition Sustained
  "THE CAB CALLOWAY ORCHESTRA" [live musical performances and audio and video recordings of those performances]
  "CAB CALLOWAY" [in Class 35: retail stores, retail outlets and on-line retail store services featuring CDs and other home entertainment related products; distribution of pre-recorded music, drama, comedy and variety shows on video tapes, cassettes, digital video and audio discs and CD-ROM, and other services; in Class 41: production and distribution of live music concerts and live theatrical plays; production of radio and TV programs; production of videotapes an and sound recordings, etc., and other services] 
   
  Yes
 




(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (MR)=Motion to Reopen; (R)=Request for Reconsideration   (2) *=Opinion Writer; (D)=Dissenting Panel Member
 












  

    
    
    
    

      Top of Notices Top of Notices December 1, 2009
      US PATENT AND TRADEMARK OFFICE
      Print Appendix 1349 OG 
    

  





  

    Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office
  




		     MAILING AND HAND CARRY ADDRESSES FOR
	     MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE

	      MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS

   For most correspondence (e.g., new patent applications) no mail stop
is required because the processing of the correspondence is routine.
If NO mail stop is included on the list below, no mail stop is required
for the correspondence. See the listing under "Special Mail Stops
Applicable To Both Patent And Trademark Mail" for additional mail stops
for patent-related correspondence. Only the specified type of document
should be placed in an envelope addressed to one of these special mail
stops. If any documents other than the specified type identified for each
special mail stop are addressed to that mail stop, they will be
significantly delayed in reaching the appropriate area for which they are
intended. The mail stop should generally appear as the first line in
the address.

   Some correspondence may be submitted electronically. See the Office's
Internet Web site http://www.uspto.gov for additional information.

   Please address mail to be delivered by the United States Postal Service
(USPS) as follows:

	Mail Stop _____
	Commissioner for Patents
	P.O. Box 1450
	Alexandria, VA 22313-1450

   If no Mail Stop is indicated below, the line beginning Mail Stop should
be omitted from the address.

   Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 37 CFR 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address correspondence to be delivered by other
delivery services (Federal Express (Fed Ex), UPS, DHL, Laser, Action,
Purolator, etc.) as follows:

	United States Patent and Trademark Office
	Customer Service Window, Mail Stop _____
	Randolph Building
	401 Dulany Street
	Alexandria, VA 22314


Mail Stop
Designations		Explanation

Mail Stop 12		Contributions to the Examiner Education Program.

Mail Stop 313(c)	Petitions under 37 CFR 1.313(c) to withdraw a
			patent application from issue after payment of
			the issue fee and any papers associated with the
			petition, including papers necessary for a
			continuing application or a request for
			continued examination (RCE).

Mail Stop AF		Amendments and other responses after final
			rejection (e.g., a notice of appeal (and any
			request for pre-appeal brief conference)),
			other than an appeal brief.

Mail Stop Amendment	Information disclosure statements, drawings, and
			replies to Office actions in patent applications
			with or without an amendment to the application or
			a terminal disclaimer. (Use Mail Stop AF for
			replies after final rejection.)

Mail Stop Appeal 	For appeal briefs or other briefs under
 Brief-Patents		part 41 of title 37 of the Code of Federal
			Regulations (e.g., former 37 CFR 1.192).

Mail Stop 		Public comments regarding patent related
 Comments-Patent 	regulations and procedures.


Mail Stop Conversion	Requests under 37 CFR 1.53(c)(2) to convert a
			nonprovisional application to a provisional
			application and requests under 37 CFR 1.53(c)(3)
			to convert a provisional application to a
			nonprovisional application.

Mail Stop EBC		Mail for the Electronic Business Center including:
			Certificate Action Forms, Request for Customer
			Numbers, and Requests for Customer Number Data
			Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A,
			respectively) and Customer Number Upload
			Spreadsheets and Cover Letters.

Mail Stop Expedited 	Only to be used for the initial filing of
 Design 		design applications accompanied by a
			request for expedited examination under
			37 CFR 1.155.

Mail Stop Express 	Requests for abandonment of a patent
 Abandonment		application pursuant to 37 CFR 1.138,
			including any petitions under 37 CFR
			1.138(c) to expressly abandon an
			application to avoid publication of the
			application.

Mail Stop		Applications under 35 U.S.C. 156 for patent term
 Hatch-Waxman PTE	extension based on regulatory review of a product
			subject to pre-market review by a regulating
   			agency. This mail stop is also to be used for
			additional correspondence regarding the
			application for patent term extension under
			35 U.S.C. 156. It is preferred that such initial
			requests be hand-carried to:

			Office of Patent Legal Administration
			Room MDW 7D55
			600 Dulany Street
			Alexandria, VA 22314

Mail Stop ILS		Correspondence relating to international patent
			classification, exchanges and standards.

Mail Stop Issue Fee	All communications following the receipt of a
			PTOL-85, "Notice of Allowance and Fee(s)
			Due," and prior to the issuance of a patent
			should be addressed to Mail Stop Issue Fee,
			unless advised to the contrary.

			Assignments are the exception. Assignments
			(with cover sheets) should be faxed to
			571-273-0140, electronically submitted
			(http://epas.uspto.gov), or submitted in a
			separate envelope and sent to Mail Stop
			Assignment Recordation Services,
			Director - U.S. Patent and Trademark Office
			as shown below.

Mail Stop L&R		All documents pertaining to applications subject
			to secrecy order pursuant to 35 U.S.C. 181, or
			national-security classified and required to be
			processed accordingly. Such papers, petitions for
			foreign filing license pursuant to 37 CFR 5.12(b)
			for which expedited handling is requested, and
			petitions for retroactive license under 37 CFR
			5.25 may also be hand carried to Licensing and
			Review:

			Technology Center 3600, Office of the Director
			Room 4B41
			501 Dulany Street (Knox Building)
			Alexandria, VA 22314

Mail Stop Missing 	Requests for a corrected filing receipt and
 Parts			replies to OPAP notices such as the Notice
			of Omitted Items, Notice to File Corrected
			Application Papers, Notice of Incomplete
			Application, Notice to Comply with Nucleotide
			Sequence Requirements, and Notice to File Missing
			Parts of Application, and associated papers and
			fees.

Mail Stop MPEP		Submissions concerning the Manual of Patent
			Examining Procedure.

Mail Stop Patent Ext.	Applications for patent term extension or
			adjustment under 35 U.S.C. 154 and any
			communications relating thereto. This mail stop
			is limited to petitions for patent term extension
			under 35 U.S.C. 154 for applications filed
			between June 8, 1995 and May 29, 2000, and patent
			term adjustment (PTA) under 35 U.S.C. 154 for
			applications filed on or after May 29, 2000.
			For applications for patent term extension under
			35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE.
			For applications for patent term extension or
			adjustment under 35 U.S.C. 154 that are mailed
			together with the payment of the issue fee, use
			Mail Stop Issue Fee.

Mail Stop PCT		Mail related to international applications filed
			under the Patent Cooperation Treaty in the
			international phase and in the national phase
			under 35 U.S.C. 371 prior to mailing of a
			Notification of Acceptance of Application Under
			35 U.S.C. 371 and 37 CFR 1.495 (Form
			PCT/DO/EO/903).

Mail Stop Petition	Petitions to be decided by the Office of Petitions
			including petitions to revive and petitions to
			accept late payment of issue fees or maintenance
			fees.

Mail Stop PGPUB		Correspondence regarding publication of patent
			applications not otherwise provided, including
			requests for early publication made after filing,
			rescission of non-publication request, corrected
			patent application publication, refund of
			publication fee.

Mail Stop Post 		In patented files: requests for changes of
 Issue			correspondence address, powers of attorney,
			revocations of powers of attorney, withdrawal of
			attorney and submissions under 37 CFR 1.501.
			Designation of, or changes to, a fee address
			should be addressed to Mail Stop M Correspondence.
			Requests for Certificate of Correction need no
			special mail stop, but should be mailed to the
			attention of Certificate of Correction Branch.

Mail Stop RCE		Requests for continued examination under
			37 CFR 1.114.

Mail Stop 		Correspondence pertaining to the reconstruction
 Reconstruction		of lost patent files.

Mail Stop Ex Parte 	Original requests for Ex Parte Reexamination,
 Reexam 		and all subsequent corresponcence other
			than correspondence to the Office of the Solicitor
			(see 37 CFR 1.1(a)(3) and 1.302(c)).

Mail Stop Inter  	Original requests for Inter Partes Reexamination,
 Partes Reexam		and all subsequent correspondence other than
			correspondence to the Office of the Solicitor
			(see 37 CFR §§ 1.1(a)(3) and 1.302(c)).

Mail Stop Reissue	All new and continuing reissue application filings.

Mail Stop Sequence	Submission of the computer readable form (CRF) for
			applications with sequence listings, when the CRF
			is not being filed with the patent application.


	    MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS

   Please address trademark-related mail to be delivered by the United
States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as
follows:

	Commissioner for Trademarks
	P.O. Box 1451
	Alexandria, VA 22313-1451

   Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:

	Madrid Processing Unit
	600 Dulany Street
	MDE-7B87
        Alexandria, VA 22314-5796

   Mail to be delivered by the USPS to the Office's Trademark Administrator
regarding Letters of Protest must be mailed to:

	Letter of Protest
	ATTN: Deputy Commissioner for Trademark Examination Policy
	600 Dulany Street
	Alexandria, VA 22314-5796

   Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:

	Director, USPTO
	ATTN: FQA
	600 Dulany Street, MDE-10A71
	Alexandria, VA 22314-5793

   Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:

	Native American Tribal Insignia
	ATTN: Commissioner for Trademarks
	600 Dulany Street
	MDE-10A71
	Alexandria, VA 22314-5793

   Trademark-related mail to be delivered by courier or by hand to the
Trademark Operation, the Trademark Trial and Appeal Board, or the Office's
Madrid Processing Unit, must be delivered to:

	Trademark Assistance Center
	Madison East, Concourse Level Room C 55
	600 Dulany Street
	Alexandria, VA 22314


	   MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
			  PATENT AND TRADEMARK OFFICE

   Please address mail to be directed to a mail stop identified below to
be delivered by the United States Postal Service (USPS) as follows (unless
otherwise instructed):

	Mail Stop _____
	Director of the U.S. Patent and Trademark Office
	P.O. Box 1450
	Alexandria, VA 22313-1450

Mail Stop
Designations		Explanation

Mail Stop 3 		Mail for the Office of Personnel from NFC.

Mail Stop 6		Mail for the Office of Procurement.

Mail Stop 8		All papers for the Office of the Solicitor except
			communications relating to pending litigation and
			disciplinary proceedings; papers relating to
			pending litigation in court cases shall be mailed
			only to Office of the Solicitor, P.O. Box 15667,
			Arlington, VA 22215 and papers related to pending
			disciplinary proceedings before the Administrative
			Law Judge or the Director shall be mailed only to
			the Office of the Solicitor, P.O. Box 16116,
			Arlington, VA 22215.

Mail Stop 11 		Mail for the Electronic Ordering Service (EOS).

Mail Stop 13 		Mail for the Employee and Labor Relations Division.

Mail Stop 16 		Mail related to refund requests, other than
			requests for refund of a patent application
			publication fee. Such requests should be directed
			to Mail Stop PGPub.

Mail Stop 17 		Invoices directed to the Office of Finance.

Mail Stop 24 		Mail for the Inventor's Assistance Program,
			including complaints about Invention Promoters.

Mail Stop 171		Vacancy Announcement Applications.

Mail Stop Assignment 	All assignment documents, security interests,
 Recordation Services	and other documents to be recorded in the
			Assignment records. Note that documents with
			cover sheets that are faxed to 571-273-0140 or
			submitted electronically (http://epas.uspto.gov)
			are processed much more quickly than those
			submitted by mail.

Mail Stop Document 	All requests for certified or uncertified
 Services		copies of patent or trademark documents.

Mail Stop EEO   	Mail for the Office of Civil Rights.


Mail Stop External 	Mail for the Office of External Affairs.
 Affairs

Mail Stop Interference 	Communications relating to interferences and
			applications and patents involved in interference.

Mail Stop M		Mail to designate or change a fee
 Correspondence		address, or other correspondence related to
			maintenance fees, except payments of
			maintenance fees in patents. See below for
			the address for maintenance fee payments.

Mail Stop OED		Mail for the Office of Enrollment and Discipline.


			   Maintenance Fee Payments

   Unless submitted electronically over the Internet at www.uspto.gov,
payments of maintenance fees in patents should be mailed through the
United States Postal Service to:

	United States Patent and Trademark Office
	P.O. Box 979070
	St. Louis, MO 63197-9000

   Alternatively, payment of maintenance fees in patents (Attn:
Maintenance Fee) using hand-delivery and delivery by private courier
may be made to:

	Director of the United States Patent and Trademark Office
	Attn: Maintenance Fee
	2051 Jamieson Avenue, Suite 300
	Alexandria, Virginia 22314

			Deposit Account Replenishments

   Unless submitted electronically over the Internet at www.uspto.gov,
payments to replenish deposit accounts should be mailed through the
United States Postal Service to:

	Director of the United States Patent and Trademark Office
	P.O. Box 979065
	St. Louis, MO 63197-9000

   Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier may be delivered to:

	Director of the United States Patent and Trademark Office
	Attn: Deposit Accounts
	2051 Jamieson Avenue, Suite 300
	Alexandria, Virginia 22314





Top of Notices Top of Notices






  

    Reference Collections of U.S. Patents Available for Public Use in Patent Depository Libraries
  




	     Reference Collections of U.S. Patents and Trademarks
     Available for Public Use in Patent and Trademark Depository Libraries

The following libraries, designated as Patent and Trademark Depository
Libraries (PTDLs), provide public access to patent and trademark
information received from the United States Patent and Trademark Office
(USPTO). This information includes all issued patents, all registered
trademarks, the Official Gazette of the U.S. Patent and Trademark Office,
search tools such as the Cassis CD-ROM suite of products and supplemental
information in a variety of formats including online, optical disc,
microfilm and paper. Each PTDL also offers access to USPTO resources on
the Internet and to PubWEST (Web based examiner search tool), a system
used by patent examiners that is not available on the Internet.

Staff assistance and training is provided in the use of this information.
All information is available free of charge. However, there may be charges
associated with the use of photocopying and related services. Hours of
service to the public vary, and anyone contemplating use of these
collections at a particular library is urged to contact that library in
advance about its services and hours to avoid inconvenience.

State      		Name of Library                  Telephone Contact

Alabama 		Auburn University Libraries         (334) 844-1737
      			Birmingham Public Library      	    (205) 226-3620
Arkansas   		Little Rock: Arkansas State
			Library  			    (501) 682-2053
California   		Los Angeles Public Library          (213) 228-7220
      			Riverside: University of
			California, Riverside Libraries	    (951) 827-4392
                        Sacramento: California State
    			Library				    (916) 654-0069
      			San Diego Public Library      	    (619) 236-5813
			San Francisco Public Library	    (415) 557-4500
      			Sunnyvale Public Library 	    (408) 730-7300
Colorado  		Denver Public Library         	    (720) 865-1711
Connecticut		Fairfield: Ryan-Matura Library
			Sacred Heart University		    (203) 371-7726
Delaware   		Newark: University of Delaware
			Library  			    (302) 831-2965
Dist. of Columbia	Washington: Howard University
			Libraries 			    (202) 806-7252
Florida      		Fort Lauderdale: Broward County
         		Main Library            	    (954) 357-7444
      			Miami-Dade Public Library      	    (305) 375-2665
      			Orlando: University of Central
			Florida Libraries  		    (407) 823-2562
Georgia      		Atlanta: Price Gilbert Memorial
			Library, Georgia Institute
         		of Technology   		    (404) 894-1395
Hawaii      		Honolulu: Hawaii State Public
			Library System			    (808) 586-3477
Illinois   		Chicago Public Library         	    (312) 747-4450
      			Springfield: Illinois State Library (217) 782-5659
Indiana      		Indianapolis-Marion County Public
			Library            		    (317) 269-1741
     			West Lafayette Siegesmund
			Engineering Library,
         		Purdue University   		    (765) 494-2872
Iowa      		Des Moines: State Library of Iowa   (515) 242-6541
Kansas      		Wichita: Ablah Library, Wichita
			State University          	  1 (800) 572-8368
Kentucky   		Louisville Free Public Library      (502) 574-1611
Louisiana   		Baton Rouge: Troy H. Middleton
         		Library, Louisiana State University (225) 388-8875
Maine 			Orono: Raymond H. Fogler Library,
			University of Maine		    (207) 581-1678
Maryland		Baltimore: University of Baltimore
			Law Library 			    (410) 837-4554
			College Park: Engineering and
			Physical Sciences Library,
         		University of Maryland		    (301) 405-9157
Massachusetts   	Amherst: Physical Sciences Library,
         		University of Massachusetts   	    (413) 545-2765
      			Boston Public Library         	    (617) 536-5400
							         Ext. 4256
Michigan   		Ann Arbor: Media Union Library,
         		University of Michigan      	    (734) 647-5735
      			Big Rapids: Abigail S. Timme
         		Library, Ferris State University    (231) 592-3602
      			Detroit: Public Library             (313) 833-1450
Minnesota   		Minneapolis Public Library and
         		Information Center      	    (612) 630-6000
Mississippi   		Jackson: Mississippi Library
			Commission 			    (601) 961-4111
Missouri   		Kansas City: Linda Hall Library     (816) 363-4600
								  Ext. 724
      			St. Louis Public Library      	    (314) 241-2288
								  Ext. 390
Montana      		Butte: Montana College of Mineral
         		Science and Technology Library      (406) 496-4281
Nebraska   		Lincoln: Engineering Library,
			University of Nebraska-Lincoln      (402) 472-3411
Nevada      		Las Vegas--Clark County Library
			District 		       	    (702) 507-3421
			Reno: University of Nevada, Reno
         		Library            		    (775) 784-6500
								  Ext. 257
New Jersey   		Newark Public Library         	    (973) 733-7779
      			Piscataway: Library of Science and
         		Medicine, Rutgers University   	    (732) 445-2895
New Mexico   		Albuquerque: University of
   			New Mexico General Library          (505) 277-4412
New York   		Albany: New York State Library      (518) 474-5355
      			Buffalo and Erie County Public
			Library  			    (716) 858-7101
			Rochester Public Library       	    (716) 428-8110
      			New York  Library
			(The Research Libraries)	    (212) 592-7000
			Stony Brook: Engineering Library,
   			State University of New York	    (631) 632-7148
North Carolina   	Charlotte			    (704) 687-2241
			Raleigh: D.H. Hill Library, North
         		Carolina State University   	    (919) 515-2935
North Dakota   		Grand Forks: Chester Fritz Library,
         		University of North Dakota   	    (701) 777-4888
Ohio      		Akron - Summit County Public        (330) 643-9075
			Library
			Cincinnati and Hamilton County,
			Public Library of		    (513) 369-6932
      			Cleveland Public Library      	    (216) 623-2870
			Dayton: Paul Laurence Dunbar
			Library, Wright State
			University		       	    (937) 775-3521
      			Toledo/Lucas County Public Library  (419) 259-5209
Oklahoma   		Stillwater: Oklahoma State
			University
         		Edmon Low Library  		    (405) 744-6546
Oregon      		Portland: Paul L. Boley Law Library,
			Lewis & Clark College 		    (503) 768-6786
Pennsylvania   		Philadelphia, The Free Library of   (215) 686-5331
      			Pittsburgh, Carnegie Library of     (412) 622-3138
      			University Park: Pattee Library,
         		Pennsylvania State University       (814) 865-7617
Puerto Rico             Mayaquez General Library,
                        University of Puerto Rico           (787) 993-0000
							         Ext. 3244
			Bayamon, Learning Resources Center,
                        University of Puerto Rico      	    (787) 786-5225
Rhode Island   		Providence Public Library      	    (401) 455-8027
South Carolina		Clemson University Libraries        (864) 656-3024
South Dakota		Rapid City: Devereaux Library,
			South Dakota School of Mines and
			Technology			    (605) 394-1275
Tennessee   		Nashville: Stevenson Science
         		Library, Vanderbilt University      (615) 322-2717
Texas      		Austin: McKinney Engineering
         		Library, University of Texas at
      			Austin 				    (512) 495-4500
			College Station: West Campus
         		Library, Texas A & M University	    (979) 845-2111
      			Dallas Public Library         	    (214) 670-1468
      			Houston: The Fondren Library, Rice
			University			    (713) 348-5483
			Lubbock: Texas Tech University	    (806) 742-2282
			San Antonio Public Library          (210) 207-2500
Utah      		Salt Lake City: Marriott Library,
         		University of Utah      	    (801) 581-8394
Vermont			Burlington: Bailey/Howe Library,
			University of Vermont               (802) 656-2542
Washington   		Seattle: Engineering Library,
         		University of Washington   	    (206) 543-0740
West Virginia   	Morgantown: Evansdale Library,
         		West Virginia University      	    (304) 293-4695
							         Ext. 5113
Wisconsin   		Madison: Kurt F. Wendt Library,
         		University of Wisconsin Madison     (608) 262-6845
      			Milwaukee Public Library      	    (414) 286-3051
Wyoming			Cheyenne: Wyoming State	Library	    (307) 777-7281





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    Patent Technology Centers
  




			   PATENT TECHNOLOGY CENTERS

		JON W. DUDAS, Under Secretary of Commerce for
		  Intellectual Property and Director of the
		   United States Patent and Trademark Office
       MARGARET J. A. PETERLIN, Deputy Under Secretary of Commerce for
	       Intellectual Property and Deputy Director of the
		   United States Patent and Trademark Office
		 JOHN DOLL, Commissioner for Patents
	   PEGGY FOCARINO, Deputy Commissioner for Patent Operations
	 JOHN LOVE, Deputy Commissioner for Patent Examination Policy

							         AVERAGE
							  FILING DATE OF
					   		    APPLICATIONS
					    		     RECEIVING A
					   		    FIRST OFFICE
					CUSTOMER SERVICE   ACTION IN THE
					TELEPHONE and FAX    	  LAST 3
TECHNOLOGY CENTERS			NUMBERS 	         MONTHS*

1600	BIOTECHNOLOGY, AND ORGANIC
	CHEMISTRY

1610	Pharmaceutical formulations, 			   	03/01/05
	method of treatment using
	bio-affecting agents, drug
        delivery systems, steroids,
        herbicidal and pesticidal
        compositions, and cosmetics
1620	Organic chemistry	     	571-272-0700	   	11/23/05
				   	FAX 571-273-8300
1630	Molecular biology,		571-272-0600    	08/01/06
	bioinformatics, nucleic		FAX 571-273-8300
        acids, recombinant DNA
	and RNA, Gene regulation,
	gene therapy, nucleic acid
	amplification, transgenic
	animals and recombinant
        plants, combinatorial/
	computational chemistry.
1640	Immunology, receptor/ligands,	571-272-0600	   	09/20/06
	cytokines, recombinant		FAX 571-273-8300
	hormones, engineered
        antibodies, cancer immunology,
        and molecular biology thereof,
	Neurobiology; cellular/
	bacterial/viral/parasitic
	immunology; specific binding
	assays, immunoassays and
	apparatus.
1650	Fermentation, microbiology,	571-272-0500	   	08/11/06
	plant and animal extracts,	FAX 571-273-8300
	peptides, isolated and/or
        recombinant proteins and
        enzymes, protein
	crystallography, and enzyme
        assays
1660	Plants	     			571-272-0700		12/20/06
				   	FAX 571-273-8300

1700/	CHEMICAL AND MATERIALS ENGINEERING, AND DESIGNS
2900

1791	Tires, adhesive bonding, glass/	571-272-1700		02/01/05
	paper making, plastics shaping	FAX 571-273-8300
	and molding
1792	Coating, etching, cleaning,	571-272-1700		05/15/05
 	bonding and single crystal 	FAX 571-273-8300
	growth
1793	Metallurgy, metal working,	571-272-1700		11/01/05
	inorganic chemistry, catalysts, FAX 571-273-8300
	electrolysis and gaseous/
	plastic/ceramic compositions
1794	Food, stock materials and	571-272-1700		06/15/05
	miscellaneous articles		FAX 571-273-8300
1795	Fuel cells, batteries, solar	571-272-1700		01/01/05
	cells, electrochemistry and	FAX 571-273-8300
	photolithography
1796	Organic chemistry and polymers	571-272-1700		10/15/05
					FAX 571-273-8300
1797	Separation, purification,	571-272-1700		02/01/05
	chemical apparatus and 		FAX 571-273-8300
	petroleum technology

2100	COMPUTER ARCHITECTURE SOFTWARE AND
	INFORMATION SECURITY

2110    Computer architecture		571-272-0900		04/23/06
					FAX 571-273-8300
2120	Miscellaneous computer		571-272-1400		05/20/06
	applications			FAX 571-273-8300
2130    Cryptography, security	 	571-272-7220 		06/21/05
					FAX 571-273-8300
2140/   Computer networks		571-272-0800    	07/03/05
2150					FAX 571-273-8300
2160/   Database and file management/	571-272-7220    	07/01/06
2170    Graphical user interface	FAX 571-273-8300
2180    Computer architecture		571-272-0900 		08/30/06
					FAX 571-273-8300
2190	Interprocess communications     571-272-1400		07/12/05
	and software development	FAX 571-273-8300

2600    COMMUNICATIONS

2610	Digital Communications, General	571-272-2600		11/02/05
        Communications, Optical		FAX 571-273-8300
        Communications, Telephony,
        Audio, Multiplex
        Communications, Cellular
        Telephony, Radio and Satellite
        Communications

2620	Television and TV Recording,	571-272-2600		08/23/05
        Video Distribution, Image	FAX 571-273-8300
        Analysis, (Fax, Printing,
        Printing Network, Scanners),
        Speech, (Fax, Disk Drive),
        Computer Graphics, Display
        Systems

2800	SEMICONDUCTORS, ELECTRICAL AND OPTICAL SYSTEMS AND COMPONENTS

2811-	Semiconductors and		571-272-1650	   	10/01/06
2815,	Semiconductor Manufacturing	FAX 571-273-8300
2818,
2822,
2823,
2825,
2826,
2829,
2891-
2895
2816,	Electronic circuits, static	571-272-1850	   	11/10/06
2817,	memory, lasers, electronic	FAX 571-273-8300
2819,	components, control circuits,
2821,	power supplies measuring and
2824,	testing
2827,
2828,
2836-
2838,
2855-
2857,
2862,
2863
2831-	Electronic conductors,  	571-272-1850	   	12/01/06
2835,	elements and connectors,	FAX 571-273-8300
2839,	motor structure, electronic
2841,	housings, circuit boards,
2851-	photocopiers, recorders,
2854,	printers, general
2861	illumination
2875,
2885
2871-	Liquid crystals, optical     	571-272-1550		10/07/06
2874,	elements, optical systems,	FAX 571-273-8300
2876-	fiber optics, electric
2879,	lamps, registers, optics
2881-   measuring, radiant energy
2884,
2886,
2887,
2889

3600	TRANSPORTATION, ELECTRONIC COMMERCE, CONSTRUCTION, AGRICULTURE,
	LICENSING AND REVIEW

3610	Surface transportation	   	571-272-5250	   	04/25/06
					FAX 571-273-8300
3620	Electronic Commerce	   	571-272-5350		05/06/05
	 	 			FAX 571-273-8300
3630	Static structures,     	   	571-272-5350    	03/14/06
	supports and furniture	 	FAX 571-273-8300
3640	Aeronautics, 	           	571-272-5150    	11/23/05
	agriculture, fishing, 	 	FAX 571-273-8300
	trapping, vermin destroying,
        plant and animal husbandry,
	weaponry, nuclear systems
	and licensing & review
3650	Material handling and	   	571-272-5250    	04/18/06
	article handling	 	FAX 571-273-8300
3660	Computerized vehicle  	   	571-272-5150    	11/16/06
	controls and navigation, 	FAX 571-273-8300
	radio wave, optical and
	acoustic wave communication,
	Robotics, and Nuclear Systems
3670	Wells, earth boring/  	   	571-272-5150    	07/06/06
	moving/working,       	 	FAX 571-273-8300
        excavating, mining,
	harvesters, bridges,
	roads, petroleum,
	closures, connections,
	and hardware
3680-A	Machine elements 	   	571-272-5250    	07/06/06
	and power transmissions	 	FAX 571-273-8300
3680-B	Business Methods		571-272-5350		03/21/05
					FAX 571-273-8300
3680-A	Business Methods - Finance	571-272-5350		11/30/05
					FAX 571-273-8300

3700	MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS

3710	Amusement and 	          	571-272-3750	   	11/01/06
	education devices,		FAX 571-273-8300
	packages and containers
3720	Manufacturing devices          	571-272-4050		01/15/07
	and processes, machine 		FAX 571-273-8300
	tools and hand tools
3730	Medical instruments, 	   	571-272-2975    	10/15/06
	diagnostic equipment, 	 	FAX 571-273-8300
	treatment devices,
	surgery, surgical
	supplies
3740    Thermal and combustion		571-272-3750     	10/01/06
        technology, motive and  	FAX 571-273-8300
        fluid power systems
3750	Fluid handling and 	   	571-272-3750     	09/01/06
	dispensing, and Textile	 	FAX 571-273-8300
        Manufacturing and
        Apparel
3760	Body treatment, 	   	571-272-2975    	12/15/06
	kinestherapy, and 	 	FAX 571-273-8300
	exercising
3770	Respirators, Therapeutic	571-272-2975    	12/01/06
        Support, Splints, Braces,	FAX 571-273-8300
        Bandages and Birth Control
        Devices
3780	Package and Article Carriers,	571-272-2975    	06/30/06
        Envelopes, Purses, Wallets,	FAX 571-273-8300
        Receptacles, Bottles and Jars

* The information provided above reflects an average for the workgroup.
If you need more specific information about an individual application,
please call the appropriate customer service office above.

TECHNOLOGY CENTERS				DIRECTOR

1600	BIOTECHNOLOGY AND ORGANIC CHEMISTRY

1610	Pharmaceutical formulations, method	George C. Elliott
        of treatment using bio-affecting
        agents, drug delivery systems,
        steroids, herbicidal and pesticidal
        compositions, and cosmetics
1620	Organic chemistry 		        Irem Yucel
1630	Molecular biology, bioinformatics,	George C. Elliott
	nucleic acids per se, nucleic acid
	methodologies, SNPs & haplotypes,
	recombinant DNA and RNA, gene
	regulation, gene therapy, nucleic
	acid amplification, nucleic acid
	based diagnostic assays, nucleic
	acid inhibitors, transgenic animals
	and recombinant plants, combinatorial/
	computational chemistry.
1640	Immunology, receptor/ligands,		John L. LeGuyader
        cytokines, recombinant hormones,
        engineered antibodies, cancer
        immunology, and	molecular biology
        thereof, Neurobiology; cellular/
	bacterial/viral/parasitic immunology;
	specific binding assays, immunoassays
	and apparatus.
1650	Fermentation, microbiology, plant and 	Irem Yucel
	animal extracts, peptides, isolated
        and/or recombinant proteins and
        enzymes, protein crystallography,
        and enzyme assays
1660	Plants					George C. Elliott

1700/	CHEMICAL AND MATERIALS ENGINEERING
2900	AND DESIGNS

1791	Tires, adhesive bonding, glass/paper	Gary G. Jones
	making, plastics shaping and molding
1792	Coating, etching, cleaning, bonding	Marian C. Knode
	and single crystal growth
1793	Metallurgy, metal working, inorganic	Jacqueline M. Stone
	chemistry, catalysts, electrolysis and
	gaseous/plastic/ceramic compositions
1794	Food, stock materials and miscellaneous	Marian C. Knode
	articles
1795	Fuel cells, batteries, solar cells,	Jacqueline M. Stone
	electrochemistry and photolithography
1796	Organic chemistry and polymers		Gary G. Jones
1797	Separation, purification, chemical	Gary G. Jones
	apparatus and petroleum technology

2100	COMPUTER ARCHITECTURE SOFTWARE AND
	INFORMATION SECURITY

2110	Computer architecture			Jack B. Harvey
2120	Miscellaneous computer applications	Wendy Garber
2130	Cryptography, security			Andrew Hirshfeld
2140	Computer networks			Andrew Hirshfeld
2150	Computer networks			Andrew Hirshfeld
2160	Database and file management 		Jack B. Harvey
2170	Graphical user interface		Wendy Garber
2180	Computer architecture			Jack B. Harvey
2190	Interprocess communications and 	Wendy Garber
        software development

2600	COMMUNICATIONS

2611	Digital communications			Valencia Martin-Wallace
2612	General communications			Mark R. Powell
2613	Optical communications 			Valencia Martin-Wallace
2614	Telephony				Mark R. Powell
2615	Audio			  		Mark R. Powell
2616/	Multiplex communications		Valencia Martin-Wallace
2619
2617	Cellular telephony 			Wanda Walker
2618	Radio and Satellite Communications	Mark R. Powell
2621	Television and TV Recording		Wanda Walker
2622	Cameras					Wanda Walker
2623 	Video distribution			Wanda Walker
2624	Image analysis				Mark R. Powell
2625	Fax, printing, printing network, 	Wanda Walker
	scanners
2626	Speech					Mark R. Powell
2627	Disc drives				Mark R. Powell
2628	Computer graphics			Valencia Martin-Wallace
2629	Display systems				Valencia Martin-Wallace

2800	SEMICONDUCTORS, ELECTRICAL AND OPTICAL SYSTEMS AND COMPONENTS

2811-	Semiconductors and Semiconductor	Richard K. Seidel
2815,	Manufacturing
2818,
2822,
2823,
2825,
2826,
2829,
2891-
2895
2816,	Electronic circuits, static memory,	Janice A. Falcone
2817,	lasers, electronic components, control
	circuits,power
2819,	supplies, measuring and testing
2821,
2824,
2827,
2828,
2836-
2838,
2855-
2857,
2862,
2863
2831-	Electronic conductors, elements and	Sharon A. Gibson
2835, 	connectors, motor structure, electronic
2839,	housings, circuit boards, photocopiers,
2841,	recorders, printers, general
2851-	illumination
2854,
2861,
2875,
2885
2871-	Liquid crystals, optical elements,    	Sharon A. Gibson
2874,	optical systems, fiber optics, electric
2876-	lamps, registers, optics measuring,
2879,	radiant energy
2881-
2884,
2886,
2887,
2889

3600	TRANSPORTATION, ELECTRONIC COMMERCE, CONSTRUCTION, AGRICULTURE,
	LICENSING AND REVIEW

3610	Surface transportation		 	Katherine Matecki
3620	Electronic commerce			Wynn W. Coggins
3630	Static structures, supports and 	Wynn W. Coggins
	furniture
3640	Aeronautics, agriculture, fishing,	Donald T. Hajec
        trapping, vermin destroying, plant
	and animal husbandry, weaponry,
	nuclear systems and licensing
	& review
3650	Material and article handling 		Katherine Matecki
3660	Computerized vehicle controls and 	Donald T. Hajec
	navigation, radio wave, optical and
	acoustic wave communication, Robotics,
	and Nuclear Systems
3670	Wells, earth boring/moving/working, 	Donald T. Hajec
	excavating, mining, harvesters,
	bridges, roads, petroleum, closures,
	connections, and hardware
3680A	Machine elements and power 		Katherine Matecki
	transmissions
3680B	Business Methods			Wynn W. Coggins
3690	Business Methods - Finance		Wynn W. Coggins

3700 	MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS

3710,	Amusement and education devices,	Karen M. Young
3721,	packages and containers
3727,
and
3728
3720	Packages and containers;		Frederick R. Schmidt
3720	Manufacturing devices and processes, 	Frederick R. Schmidt
	machine tools and hand tools
3730	Medical instruments, diagnostic 	Frederick R. Schmidt
	equipment, treatment devices, surgery,
	surgical supplies
3740	Thermal and combustion technology, 	Karen M. Young
	motive and fluid power systems
3750	Fluid handling and dispensing	 	Karen M. Young
3760	Body treatment, kinestherapy, 	 	Frederick R. Schmidt
	exercising, textile manufacturing
	and apparel





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