Please use your    Go Back Key Image     key to return to the previous page.

 June 12, 2012 US PATENT AND TRADEMARK OFFICE Print Table of Contents 1379 OG 61 

OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE

June 12, 2012 Volume 1379 Number 2

CONTENTS

 Patent and Trademark Office NoticesPage 
Patent Cooperation Treaty (PCT) Information1379 OG 62
Notice of Maintenance Fees Payable1379 OG 65
Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee1379 OG 66
Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 05/14/20121379 OG 91
Reissue Applications Filed1379 OG 93
Requests for Ex Parte Reexamination Filed1379 OG 95
Requests for Inter Partes Reexamination Filed1379 OG 97
Notice of Expiration of Trademark Registrations Due to Failure to Renew1379 OG 98
Service by Publication1379 OG 102
37 CFR 1.47 Notice by Publication1379 OG 103
Registration to Practice1379 OG 104
Notice of Suspension1379 OG 105
Request for Comments on the Recommendation for the Disclosure of Sequence Listings Using XML (Proposed ST.26)1379 OG 106
Changes in Requirements for Specimens and for Affidavits or Declarations of Continued Use or Excusable Nonuse in Trademark Cases1379 OG 110
Patents and Serial Numbers Available for License or Sale1379 OG 132
Errata1379 OG 136
Certificates of Correction1379 OG 137
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board1379 OG 138

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 and Trademark Resource Centers
Patent Technology Centers



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 June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 62 

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 1369 O.G. 5, on August 2, 2011.

   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) or the International Preliminary Examining Authority (IPEA)
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 use of the EPO is restricted. The EPO will not act
as an ISA for applications with one or more claims directed to a business
method. For the definition of what the EPO considers to be precluded
subject matter in the field of business methods, see PCT Applicants's
Guide, Annexes D(EP), E(EP) and the Official Notices (PCT Gazette) dated
May 6, 2010, page 94
(http://www.wipo.int/pct/en/official_notices/index.html). The EPO will act
as an IPEA only if it also acted as the ISA.

   The search fee of the European Patent Office was increased, effective
April 1, 2012, and was announced in the Official Gazette at 1377 O.G. 5, on
April 3, 2012.

Korean Intellectual Property Office as Searching and Examining Authority

The Korean Intellectual Property Office may act as the ISA or the IPEA 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. The announcement appears in the Official Gazette at 1302 O.G.
1261 on January 17, 2006.

   The search fee of the Korean Intellectual Property Office was decreased,
effective January 1, 2012, and was announced in the Official Gazette at
1373 O.G. 177, on December 27, 2011.

Australian Patent Office as Searching and Examining Authority

   The Australian Patent Office (IP Australia) may act as the ISA or the
IPEA 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. The announcement appears in the Offical Gazette
at 1337 O.G. 265, on December 23, 2008. However, the use of IP Australia is
restricted. IP Australia will not act as an ISA for applications with 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 the
Official Gazette at 1337 O.G. 261 on December 23, 2008, in Annex A to the
agreement between the USPTO and IP Australia, IP Australia will act as an
IPEA only if it also acted as the ISA.

   The search fee of IP Australia was increased, effective May 1, 2012, and
was announced in the Official Gazette at 1378 O.G. 5, on May 1, 2012.

The Federal Service on Intellectual Property, Patents & Trademarks of
Russia as Searching and Examining Authority

   The Federal Service on Intellectual Property, Patents & Trademarks of
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 63 

Russia (Rospatent) may act as the ISA or the IPEA 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. The announcement appears in the Official Gazette at 1378 O.G. 162,
on May 8, 2012.

   The search fee of Rospatent, effective January 10, 2012, was announced
in the Official Gazette at 1378 O.G. 162, on May 8, 2012. The search fee of
Rospatent will increase effective June 1, 2012, as also announced in the
Official Gazette at 1378 O.G. 162, on May 8, 2012.

Fees

   The transmittal fee for the USPTO was changed to include a basic portion
and a non-electronic filing fee portion, effective November 15, 2011, and
was announced in the Federal Register on November 15, 2011. 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 decreased, effective January 1, 2012,
and were announced in the Official Gazette at 1373 O.G. 177, on December
27, 2011.

   The schedule of PCT fees (in U.S. dollars), as of May 1, 2012, is as
follows:

International Application (PCT Chapter I) fees:

   Transmittal fee
      Basic Portion                                                 $240.00
      Non-electronic filing fee portion for international
       applications (other than plant applications) filed
       on or after 15 November 2011 other than by the
       Office electronic filing system (other than a
       small entity)                                                $400.00
      Non-electronic filing fee portion for international
       applications (other than plant applications) filed
       on or after 15 November 2011 other than by the
       Office electronic filing system (small entity)               $200.00

   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                               $2,426.00
      Korean Intellectual Property Office as ISA                  $1,101.00
      IP Australia as ISA                                         $2,041.00
      Federal Service on Intellectual Property, Patents &
         Trademarks of Russia (Rospatent) as ISA                    $415.00 1

   International fees

      International filing fee                                    $1,453.00
      International filing fee-filed in paper
         with PCT EASY zip file or
         electronically without PCT EASY zip file                 $1,344.00
      International filing fee-filed
         electronically with PCT EASY zip files                   $1,234.00
      Supplemental fee for each page over 30                         $16.00
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 64 


   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                                                  $219.00
      Handling fee-90% reduction, if applicants meet criteria
      specified at:
        http://www.wipo.int/pct/en/fees/fee_reduction.pdf            $21.90
      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).

April 30, 2012                                          ANDREW H. HIRSHFELD
                                                    Deputy Commissioner for
                                                  Patent Examination Policy
                                  United States Patent and Trademark Office

1 The search fee will increase to $453 effective June 1, 2012.
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 65 

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 June 2, 2009
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 7,540,033 through 7,543,337
        Reissue Patents based on the above identified patents.

   Attention is drawn to the patents that were issued on May 31, 2005
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 6,898,802 through 6,901,606
        Reissue Patents based on the above identified patents.

   Attention is drawn to the patents that were issued on May 29, 2001
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 6,237,147 through 6,240,556
        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 June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 66 

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 April 25, 2012
                    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent                          Application                           Issue
Number                             Number                              Date

6,052,828                        09/340,790                        04/25/00
6,052,831                        09/239,832                        04/25/00
6,052,841                        09/273,181                        04/25/00
6,052,844                        09/018,944                        04/25/00
6,052,849                        09/040,954                        04/25/00
6,052,861                        09/042,894                        04/25/00
6,052,866                        09/065,368                        04/25/00
6,052,870                        09/207,858                        04/25/00
6,052,877                        08/863,130                        04/25/00
6,052,882                        08/934,466                        04/25/00
6,052,883                        09/253,935                        04/25/00
6,052,890                        09/102,598                        04/25/00
6,052,893                        09/077,670                        04/25/00
6,052,894                        08/627,528                        04/25/00
6,052,899                        09/107,275                        04/25/00
6,052,909                        09/140,264                        04/25/00
6,052,911                        09/034,477                        04/25/00
6,052,913                        09/115,289                        04/25/00
6,052,916                        09/117,197                        04/25/00
6,052,926                        09/161,973                        04/25/00
6,052,932                        09/092,112                        04/25/00
6,052,943                        08/946,747                        04/25/00
6,052,948                        09/221,375                        04/25/00
6,052,954                        09/071,923                        04/25/00
6,052,957                        09/117,639                        04/25/00
6,052,961                        09/013,352                        04/25/00
6,052,963                        08/981,546                        04/25/00
6,052,971                        09/188,644                        04/25/00
6,052,972                        08/994,148                        04/25/00
6,052,992                        08/849,128                        04/25/00
6,052,994                        09/107,468                        04/25/00
6,052,999                        09/084,876                        04/25/00
6,053,001                        09/065,039                        04/25/00
6,053,002                        09/234,635                        04/25/00
6,053,004                        09/180,153                        04/25/00
6,053,013                        09/049,030                        04/25/00
6,053,031                        08/964,258                        04/25/00
6,053,036                        09/111,199                        04/25/00
6,053,045                        08/929,735                        04/25/00
6,053,057                        09/109,560                        04/25/00
6,053,065                        09/077,501                        04/25/00
6,053,068                        08/998,943                        04/25/00
6,053,069                        09/061,313                        04/25/00
6,053,070                        09/315,999                        04/25/00
6,053,072                        09/220,485                        04/25/00
6,053,087                        09/111,285                        04/25/00
6,053,110                        09/008,002                        04/25/00
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 67 

6,053,126                        09/040,055                        04/25/00
6,053,128                        09/065,153                        04/25/00
6,053,132                        09/246,649                        04/25/00
6,053,134                        09/143,681                        04/25/00
6,053,135                        09/167,347                        04/25/00
6,053,137                        09/213,230                        04/25/00
6,053,138                        09/213,758                        04/25/00
6,053,145                        08/946,184                        04/25/00
6,053,153                        09/101,326                        04/25/00
6,053,155                        09/008,932                        04/25/00
6,053,170                        09/185,429                        04/25/00
6,053,175                        09/033,888                        04/25/00
6,053,178                        09/268,075                        04/25/00
6,053,186                        09/170,285                        04/25/00
6,053,189                        08/974,047                        04/25/00
6,053,199                        09/270,975                        04/25/00
6,053,201                        09/125,860                        04/25/00
6,053,214                        09/043,639                        04/25/00
6,053,222                        09/192,932                        04/25/00
6,053,224                        08/930,137                        04/25/00
6,053,226                        09/042,354                        04/25/00
6,053,235                        09/287,004                        04/25/00
6,053,237                        08/669,553                        04/25/00
6,053,239                        09/148,290                        04/25/00
6,053,242                        09/266,609                        04/25/00
6,053,256                        09/118,290                        04/25/00
6,053,264                        08/856,736                        04/25/00
6,053,265                        09/354,116                        04/25/00
6,053,267                        09/104,651                        04/25/00
6,053,269                        09/133,547                        04/25/00
6,053,272                        08/806,294                        04/25/00
6,053,273                        08/833,173                        04/25/00
6,053,274                        09/076,008                        04/25/00
6,053,276                        09/094,327                        04/25/00
6,053,284                        09/024,657                        04/25/00
6,053,290                        09/100,549                        04/25/00
6,053,291                        08/940,979                        04/25/00
6,053,293                        08/973,868                        04/25/00
6,053,301                        09/079,068                        04/25/00
6,053,306                        09/406,925                        04/25/00
6,053,311                        08/795,494                        04/25/00
6,053,312                        09/277,108                        04/25/00
6,053,323                        09/317,394                        04/25/00
6,053,325                        09/178,186                        04/25/00
6,053,333                        08/539,842                        04/25/00
6,053,341                        08/537,673                        04/25/00
6,053,348                        09/001,280                        04/25/00
6,053,349                        08/585,485                        04/25/00
6,053,366                        09/194,463                        04/25/00
6,053,376                        09/091,204                        04/25/00
6,053,378                        09/261,544                        04/25/00
6,053,379                        09/268,063                        04/25/00
6,053,389                        09/129,637                        04/25/00
6,053,397                        08/935,170                        04/25/00
6,053,399                        09/192,914                        04/25/00
6,053,410                        09/070,502                        04/25/00
6,053,412                        09/070,623                        04/25/00
6,053,420                        09/264,278                        04/25/00
6,053,421                        09/081,253                        04/25/00
6,053,427                        09/123,931                        04/25/00
6,053,446                        09/222,118                        04/25/00
6,053,449                        09/232,337                        04/25/00
6,053,464                        09/227,668                        04/25/00
6,053,467                        09/123,864                        04/25/00
6,053,472                        09/173,827                        04/25/00
6,053,483                        09/108,746                        04/25/00
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 68 

6,053,485                        09/169,493                        04/25/00
6,053,491                        08/959,068                        04/25/00
6,053,497                        09/226,288                        04/25/00
6,053,500                        08/720,829                        04/25/00
6,053,508                        08/883,227                        04/25/00
6,053,509                        09/047,008                        04/25/00
6,053,512                        09/063,861                        04/25/00
6,053,515                        09/224,506                        04/25/00
6,053,524                        09/003,457                        04/25/00
6,053,526                        09/226,497                        04/25/00
6,053,539                        09/236,501                        04/25/00
6,053,542                        09/105,891                        04/25/00
6,053,545                        08/778,390                        04/25/00
6,053,557                        09/282,785                        04/25/00
6,053,569                        08/952,956                        04/25/00
6,053,571                        09/111,510                        04/25/00
6,053,573                        09/223,025                        04/25/00
6,053,575                        09/138,414                        04/25/00
6,053,577                        09/026,493                        04/25/00
6,053,582                        08/907,838                        04/25/00
6,053,588                        08/809,193                        04/25/00
6,053,593                        09/045,368                        04/25/00
6,053,595                        08/575,582                        04/25/00
6,053,596                        08/821,665                        04/25/00
6,053,597                        08/864,302                        04/25/00
6,053,599                        08/829,873                        04/25/00
6,053,612                        09/422,489                        04/25/00
6,053,614                        08/595,822                        04/25/00
6,053,620                        09/344,324                        04/25/00
6,053,627                        09/115,478                        04/25/00
6,053,633                        09/023,371                        04/25/00
6,053,639                        09/109,007                        04/25/00
6,053,640                        09/155,994                        04/25/00
6,053,644                        09/109,937                        04/25/00
6,053,645                        08/997,272                        04/25/00
6,053,647                        09/124,810                        04/25/00
6,053,659                        09/229,062                        04/25/00
6,053,663                        08/875,905                        04/25/00
6,053,665                        09/080,866                        04/25/00
6,053,668                        08/920,432                        04/25/00
6,053,678                        09/266,143                        04/25/00
6,053,681                        09/088,764                        04/25/00
6,053,682                        08/966,384                        04/25/00
6,053,688                        08/920,210                        04/25/00
6,053,693                        08/916,002                        04/25/00
6,053,694                        09/105,890                        04/25/00
6,053,699                        09/122,960                        04/25/00
6,053,703                        09/048,344                        04/25/00
6,053,713                        09/119,600                        04/25/00
6,053,720                        08/935,013                        04/25/00
6,053,724                        08/994,152                        04/25/00
6,053,732                        09/020,059                        04/25/00
6,053,741                        09/100,144                        04/25/00
6,053,742                        09/030,816                        04/25/00
6,053,744                        09/340,494                        04/25/00
6,053,745                        08/921,449                        04/25/00
6,053,748                        08/837,421                        04/25/00
6,053,752                        09/049,395                        04/25/00
6,053,754                        09/199,434                        04/25/00
6,053,757                        09/068,442                        04/25/00
6,053,763                        09/129,583                        04/25/00
6,053,766                        09/112,009                        04/25/00
6,053,769                        09/256,288                        04/25/00
6,053,776                        09/218,118                        04/25/00
6,053,778                        09/013,670                        04/25/00
6,053,784                        08/995,681                        04/25/00
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 69 

6,053,789                        09/321,945                        04/25/00
6,053,795                        09/006,580                        04/25/00
6,053,803                        08/931,560                        04/25/00
6,053,823                        09/118,302                        04/25/00
6,053,854                        09/167,233                        04/25/00
6,053,863                        09/141,869                        04/25/00
6,053,866                        09/182,729                        04/25/00
6,053,868                        09/060,933                        04/25/00
6,053,871                        09/007,925                        04/25/00
6,053,879                        09/237,702                        04/25/00
6,053,880                        09/149,894                        04/25/00
6,053,882                        08/700,735                        04/25/00
6,053,890                        09/051,290                        04/25/00
6,053,891                        09/078,318                        04/25/00
6,053,893                        09/132,268                        04/25/00
6,053,899                        09/163,692                        04/25/00
6,053,902                        09/076,279                        04/25/00
6,053,915                        09/145,632                        04/25/00
6,053,925                        09/032,720                        04/25/00
6,053,927                        09/173,234                        04/25/00
6,053,934                        09/088,908                        04/25/00
6,053,935                        08/744,439                        04/25/00
6,053,946                        09/028,199                        04/25/00
6,053,955                        09/155,415                        04/25/00
6,053,961                        09/040,078                        04/25/00
6,053,962                        08/849,233                        04/25/00
6,053,968                        09/172,319                        04/25/00
6,053,985                        08/989,951                        04/25/00
6,053,988                        09/157,115                        04/25/00
6,053,990                        08/793,658                        04/25/00
6,053,992                        08/944,012                        04/25/00
6,053,997                        08/956,188                        04/25/00
6,054,000                        08/925,791                        04/25/00
6,054,007                        08/835,681                        04/25/00
6,054,023                        09/361,392                        04/25/00
6,054,026                        09/090,751                        04/25/00
6,054,032                        09/013,817                        04/25/00
6,054,036                        09/077,304                        04/25/00
6,054,040                        09/297,801                        04/25/00
6,054,041                        09/073,412                        04/25/00
6,054,042                        09/000,423                        04/25/00
6,054,047                        09/069,890                        04/25/00
6,054,054                        08/413,657                        04/25/00
6,054,059                        08/807,139                        04/25/00
6,054,060                        09/196,345                        04/25/00
6,054,065                        09/356,357                        04/25/00
6,054,066                        08/849,511                        04/25/00
6,054,071                        09/014,647                        04/25/00
6,054,083                        08/913,355                        04/25/00
6,054,084                        09/265,081                        04/25/00
6,054,091                        08/723,632                        04/25/00
6,054,099                        08/647,526                        04/25/00
6,054,100                        08/972,996                        04/25/00
6,054,102                        09/111,177                        04/25/00
6,054,109                        09/179,176                        04/25/00
6,054,116                        09/115,424                        04/25/00
6,054,117                        09/156,047                        04/25/00
6,054,118                        09/078,274                        04/25/00
6,054,120                        09/415,583                        04/25/00
6,054,131                        09/008,388                        04/25/00
6,054,132                        08/284,747                        04/25/00
6,054,137                        09/216,863                        04/25/00
6,054,143                        09/220,283                        04/25/00
6,054,151                        09/096,069                        04/25/00
6,054,156                        09/172,516                        04/25/00
6,054,157                        09/092,971                        04/25/00
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 70 

6,054,158                        09/102,787                        04/25/00
6,054,162                        08/795,855                        04/25/00
6,054,166                        08/708,866                        04/25/00
6,054,176                        09/327,958                        04/25/00
6,054,181                        08/692,286                        04/25/00
6,054,182                        09/056,800                        04/25/00
6,054,197                        08/934,402                        04/25/00
6,054,199                        09/155,988                        04/25/00
6,054,201                        09/030,962                        04/25/00
6,054,205                        08/865,603                        04/25/00
6,054,211                        09/028,080                        04/25/00
6,054,214                        09/118,944                        04/25/00
6,054,222                        09/026,338                        04/25/00
6,054,226                        08/997,473                        04/25/00
6,054,227                        08/899,265                        04/25/00
6,054,228                        08/926,547                        04/25/00
6,054,231                        09/122,287                        04/25/00
6,054,235                        08/925,895                        04/25/00
6,054,241                        09/111,481                        04/25/00
6,054,247                        09/337,648                        04/25/00
6,054,249                        08/896,886                        04/25/00
6,054,254                        09/108,967                        04/25/00
6,054,259                        09/040,401                        04/25/00
6,054,262                        09/000,144                        04/25/00
6,054,265                        08/919,597                        04/25/00
6,054,266                        07/276,139                        04/25/00
6,054,270                        08/925,676                        04/25/00
6,054,272                        08/965,917                        04/25/00
6,054,274                        08/967,936                        04/25/00
6,054,275                        08/981,462                        04/25/00
6,054,280                        08/407,165                        04/25/00
6,054,282                        08/596,210                        04/25/00
6,054,285                        09/091,058                        04/25/00
6,054,287                        09/032,071                        04/25/00
6,054,289                        08/705,771                        04/25/00
6,054,295                        09/141,000                        04/25/00
6,054,306                        09/221,654                        04/25/00
6,054,312                        08/920,396                        04/25/00
6,054,314                        08/926,648                        04/25/00
6,054,319                        09/018,327                        04/25/00
6,054,325                        08/887,141                        04/25/00
6,054,330                        08/985,464                        04/25/00
6,054,340                        08/870,286                        04/25/00
6,054,355                        09/105,956                        04/25/00
6,054,369                        08/885,878                        04/25/00
6,054,371                        09/162,155                        04/25/00
6,054,372                        09/048,928                        04/25/00
6,054,377                        08/858,109                        04/25/00
6,054,386                        08/915,076                        04/25/00
6,054,391                        09/138,655                        04/25/00
6,054,395                        08/957,210                        04/25/00
6,054,399                        09/014,288                        04/25/00
6,054,401                        09/117,281                        04/25/00
6,054,403                        09/174,212                        04/25/00
6,054,406                        08/053,965                        04/25/00
6,054,411                        09/352,118                        04/25/00
6,054,414                        09/029,680                        04/25/00
6,054,416                        09/074,112                        04/25/00
6,054,422                        09/252,543                        04/25/00
6,054,423                        09/268,155                        04/25/00
6,054,431                        09/119,263                        04/25/00
6,054,432                        08/908,198                        04/25/00
6,054,435                        09/273,140                        04/25/00
6,054,439                        09/185,437                        04/25/00
6,054,441                        08/463,790                        04/25/00
6,054,442                        08/675,119                        04/25/00
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 71 

6,054,443                        09/094,301                        04/25/00
6,054,444                        08/842,360                        04/25/00
6,054,445                        09/307,387                        04/25/00
6,054,449                        08/801,829                        04/25/00
6,054,453                        09/012,585                        04/25/00
6,054,455                        09/313,002                        04/25/00
6,054,457                        08/973,103                        04/25/00
6,054,459                        09/177,940                        04/25/00
6,054,463                        09/271,269                        04/25/00
6,054,464                        09/276,689                        04/25/00
6,054,467                        08/675,887                        04/25/00
6,054,473                        09/230,160                        04/25/00
6,054,475                        09/284,459                        04/25/00
6,054,478                        08/836,284                        04/25/00
6,054,479                        09/340,765                        04/25/00
6,054,485                        08/915,232                        04/25/00
6,054,492                        08/926,214                        04/25/00
6,054,499                        08/492,118                        04/25/00
6,054,500                        09/208,028                        04/25/00
6,054,502                        09/046,390                        04/25/00
6,054,507                        09/037,563                        04/25/00
6,054,508                        08/765,049                        04/25/00
6,054,510                        09/150,963                        04/25/00
6,054,511                        08/006,025                        04/25/00
6,054,515                        09/033,079                        04/25/00
6,054,517                        09/113,544                        04/25/00
6,054,523                        08/340,017                        04/25/00
6,054,525                        08/714,222                        04/25/00
6,054,526                        09/000,063                        04/25/00
6,054,528                        09/118,244                        04/25/00
6,054,532                        09/073,617                        04/25/00
6,054,534                        08/944,847                        04/25/00
6,054,535                        09/295,885                        04/25/00
6,054,541                        09/045,827                        04/25/00
6,054,545                        09/124,054                        04/25/00
6,054,546                        09/017,574                        04/25/00
6,054,548                        09/383,901                        04/25/00
6,054,554                        09/306,757                        04/25/00
6,054,555                        09/422,990                        04/25/00
6,054,559                        09/069,619                        04/25/00
6,054,569                        08/931,952                        04/25/00
6,054,572                        08/495,559                        04/25/00
6,054,574                        09/094,350                        04/25/00
6,054,575                        08/998,443                        04/25/00
6,054,577                        08/930,002                        04/25/00
6,054,584                        08/753,061                        04/25/00
6,054,587                        09/036,328                        04/25/00
6,054,588                        09/304,624                        04/25/00
6,054,594                        09/202,503                        04/25/00
6,054,598                        09/046,362                        04/25/00
6,054,601                        09/093,681                        04/25/00
6,054,603                        09/286,886                        04/25/00
6,054,627                        07/889,557                        04/25/00
6,054,628                        08/955,076                        04/25/00
6,054,629                        09/115,815                        04/25/00
6,054,643                        09/166,035                        04/25/00
6,054,649                        09/131,168                        04/25/00
6,054,655                        09/299,116                        04/25/00
6,054,664                        09/246,150                        04/25/00
6,054,665                        09/008,072                        04/25/00
6,054,668                        08/895,526                        04/25/00
6,054,673                        08/932,715                        04/25/00
6,054,679                        09/312,211                        04/25/00
6,054,681                        09/250,598                        04/25/00
6,054,690                        08/945,556                        04/25/00
6,054,691                        09/275,744                        04/25/00
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 72 

6,054,699                        09/169,949                        04/25/00
6,054,700                        09/058,912                        04/25/00
6,054,708                        09/033,720                        04/25/00
6,054,709                        08/986,140                        04/25/00
6,054,725                        09/158,609                        04/25/00
6,054,727                        08/566,551                        04/25/00
6,054,730                        09/003,494                        04/25/00
6,054,746                        09/082,448                        04/25/00
6,054,748                        09/041,799                        04/25/00
6,054,757                        09/030,924                        04/25/00
6,054,760                        08/771,536                        04/25/00
6,054,766                        09/036,451                        04/25/00
6,054,778                        09/228,588                        04/25/00
6,054,779                        09/059,781                        04/25/00
6,054,783                        09/091,083                        04/25/00
6,054,784                        09/103,734                        04/25/00
6,054,789                        09/034,073                        04/25/00
6,054,790                        09/274,541                        04/25/00
6,054,793                        09/159,713                        04/25/00
6,054,794                        09/314,049                        04/25/00
6,054,796                        09/118,136                        04/25/00
6,054,801                        09/112,080                        04/25/00
6,054,803                        09/059,419                        04/25/00
6,054,804                        08/970,675                        04/25/00
6,054,805                        09/036,472                        04/25/00
6,054,807                        08/742,667                        04/25/00
6,054,812                        09/043,198                        04/25/00
6,054,815                        09/281,466                        04/25/00
6,054,820                        09/213,862                        04/25/00
6,054,826                        09/383,993                        04/25/00
6,054,828                        09/216,623                        04/25/00
6,054,836                        09/329,256                        04/25/00
6,054,857                        09/044,686                        04/25/00
6,054,859                        08/743,398                        04/25/00
6,054,865                        09/033,958                        04/25/00
6,054,867                        08/892,960                        04/25/00
6,054,869                        09/044,662                        04/25/00
6,054,870                        08/981,832                        04/25/00
6,054,880                        09/059,172                        04/25/00
6,054,902                        08/909,211                        04/25/00
6,054,906                        09/040,160                        04/25/00
6,054,911                        09/101,909                        04/25/00
6,054,913                        08/959,012                        04/25/00
6,054,916                        09/104,966                        04/25/00
6,054,923                        09/083,476                        04/25/00
6,054,930                        09/274,660                        04/25/00
6,054,932                        09/196,913                        04/25/00
6,054,936                        09/329,216                        04/25/00
6,054,949                        08/950,684                        04/25/00
6,054,951                        08/867,053                        04/25/00
6,054,957                        08/875,942                        04/25/00
6,054,960                        09/197,027                        04/25/00
6,054,962                        08/967,667                        04/25/00
6,054,966                        08/658,620                        04/25/00
6,054,967                        09/301,817                        04/25/00
6,054,981                        08/745,939                        04/25/00
6,054,997                        08/921,162                        04/25/00
6,055,002                        08/868,477                        04/25/00
6,055,003                        08/901,654                        04/25/00
6,055,004                        08/903,747                        04/25/00
6,055,006                        08/996,004                        04/25/00
6,055,009                        09/118,643                        04/25/00
6,055,010                        09/105,745                        04/25/00
6,055,019                        08/910,272                        04/25/00
6,055,043                        08/869,340                        04/25/00
6,055,048                        09/137,865                        04/25/00
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 73 

6,055,049                        09/179,830                        04/25/00
6,055,052                        09/013,146                        04/25/00
6,055,054                        08/850,473                        04/25/00
6,055,055                        09/012,294                        04/25/00
6,055,066                        08/608,459                        04/25/00
6,055,069                        08/989,216                        04/25/00
6,055,070                        09/024,302                        04/25/00
6,055,076                        09/005,808                        04/25/00
6,055,078                        09/070,797                        04/25/00
6,055,079                        08/908,261                        04/25/00
6,055,086                        09/123,016                        04/25/00
6,055,087                        09/118,958                        04/25/00
6,055,091                        08/716,672                        04/25/00
6,055,097                        09/057,116                        04/25/00
6,055,100                        09/022,315                        04/25/00
6,055,102                        09/155,265                        04/25/00
6,055,107                        08/909,089                        04/25/00
6,055,109                        09/203,560                        04/25/00
6,055,113                        09/035,138                        04/25/00
6,055,116                        09/176,963                        04/25/00
6,055,119                        09/027,252                        04/25/00
6,055,122                        09/065,583                        04/25/00
6,055,134                        09/040,631                        04/25/00
6,055,137                        08/990,018                        04/25/00
6,055,143                        09/073,146                        04/25/00
6,055,146                        09/103,238                        04/25/00
6,055,149                        09/203,700                        04/25/00
6,055,164                        09/270,708                        04/25/00
6,055,172                        09/228,824                        04/25/00
6,055,174                        09/327,146                        04/25/00
6,055,188                        09/069,854                        04/25/00
6,055,189                        09/192,592                        04/25/00
6,055,197                        09/213,651                        04/25/00
6,055,200                        09/273,891                        04/25/00
6,055,201                        09/178,977                        04/25/00
6,055,217                        08/864,465                        04/25/00
6,055,221                        09/264,843                        04/25/00
6,055,222                        09/265,730                        04/25/00
6,055,225                        08/867,319                        04/25/00
6,055,226                        08/908,585                        04/25/00
6,055,233                        08/950,099                        04/25/00
6,055,246                        08/913,794                        04/25/00
6,055,249                        08/995,747                        04/25/00
6,055,252                        09/151,056                        04/25/00
6,055,256                        08/841,610                        04/25/00
6,055,264                        08/904,897                        04/25/00
6,055,266                        08/908,164                        04/25/00
6,055,267                        08/951,874                        04/25/00
6,055,276                        08/538,858                        04/25/00
6,055,294                        09/115,598                        04/25/00
6,055,301                        08/792,678                        04/25/00
6,055,304                        09/018,973                        04/25/00
6,055,309                        08/674,846                        04/25/00
6,055,318                        09/074,531                        04/25/00
6,055,325                        08/942,327                        04/25/00
6,055,331                        09/065,215                        04/25/00
6,055,332                        09/015,765                        04/25/00
6,055,338                        08/915,976                        04/25/00
6,055,339                        08/094,895                        04/25/00
6,055,345                        09/132,432                        04/25/00
6,055,347                        08/917,567                        04/25/00
6,055,350                        08/983,068                        04/25/00
6,055,352                        08/920,987                        04/25/00
6,055,355                        08/951,699                        04/25/00
6,055,356                        08/877,551                        04/25/00
6,055,371                        08/999,231                        04/25/00
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 74 

6,055,374                        09/174,779                        04/25/00
6,055,383                        08/763,446                        04/25/00
6,055,384                        08/880,183                        04/25/00
6,055,385                        08/944,359                        04/25/00
6,055,388                        09/054,510                        04/25/00
6,055,396                        09/072,669                        04/25/00
6,055,397                        09/090,888                        04/25/00
6,055,399                        09/083,246                        04/25/00
6,055,402                        09/110,924                        04/25/00
6,055,411                        08/844,432                        04/25/00
6,055,425                        09/077,477                        04/25/00
6,055,443                        09/037,256                        04/25/00
6,055,466                        09/369,085                        04/25/00
6,055,514                        08/668,561                        04/25/00
6,055,528                        08/900,642                        04/25/00
6,055,530                        09/033,054                        04/25/00
6,055,532                        09/001,939                        04/25/00
6,055,535                        09/033,646                        04/25/00
6,055,556                        08/912,224                        04/25/00
6,055,563                        08/910,031                        04/25/00
6,055,575                        09/013,122                        04/25/00
6,055,583                        08/828,780                        04/25/00
6,055,588                        08/994,593                        04/25/00
6,055,595                        08/933,098                        04/25/00
6,055,599                        09/143,787                        04/25/00
6,055,607                        08/773,717                        04/25/00
6,055,640                        08/797,783                        04/25/00
6,055,646                        08/960,220                        04/25/00
6,055,647                        08/912,184                        04/25/00
6,055,648                        08/975,282                        04/25/00
6,055,653                        09/067,177                        04/25/00
6,055,657                        08/967,016                        04/25/00

                   PATENTS WHICH EXPIRED ON April 20, 2012
                    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent                          Application                           Issue
Number                             Number                              Date

6,721,959                        10/302,708                        04/20/04
6,721,966                        10/143,454                        04/20/04
6,721,968                        10/190,160                        04/20/04
6,721,971                        10/358,299                        04/20/04
6,721,978                        10/341,273                        04/20/04
6,721,986                        09/892,861                        04/20/04
6,721,988                        10/056,673                        04/20/04
6,721,997                        10/161,730                        04/20/04
6,721,998                        10/146,120                        04/20/04
6,722,006                        09/694,651                        04/20/04
6,722,008                        10/047,674                        04/20/04
6,722,013                        09/646,621                        04/20/04
6,722,025                        10/229,856                        04/20/04
6,722,027                        09/777,885                        04/20/04
6,722,028                        10/357,221                        04/20/04
6,722,039                        10/251,807                        04/20/04
6,722,040                        10/046,307                        04/20/04
6,722,041                        10/078,858                        04/20/04
6,722,043                        10/115,646                        04/20/04
6,722,044                        10/223,102                        04/20/04
6,722,050                        10/087,796                        04/20/04
6,722,055                        10/244,563                        04/20/04
6,722,063                        10/387,260                        04/20/04
6,722,066                        10/105,564                        04/20/04
6,722,067                        09/981,482                        04/20/04
6,722,075                        10/354,546                        04/20/04
6,722,078                        10/114,364                        04/20/04
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 75 

6,722,079                        09/821,309                        04/20/04
6,722,090                        09/872,999                        04/20/04
6,722,093                        10/055,979                        04/20/04
6,722,096                        10/055,683                        04/20/04
6,722,099                        10/032,439                        04/20/04
6,722,101                        10/232,550                        04/20/04
6,722,102                        09/066,416                        04/20/04
6,722,103                        10/211,181                        04/20/04
6,722,108                        09/338,158                        04/20/04
6,722,109                        09/831,961                        04/20/04
6,722,111                        10/129,526                        04/20/04
6,722,118                        10/168,775                        04/20/04
6,722,133                        10/228,109                        04/20/04
6,722,136                        10/060,632                        04/20/04
6,722,139                        10/198,181                        04/20/04
6,722,150                        10/302,506                        04/20/04
6,722,152                        10/429,451                        04/20/04
6,722,153                        09/963,403                        04/20/04
6,722,155                        10/310,172                        04/20/04
6,722,156                        10/162,703                        04/20/04
6,722,157                        10/393,472                        04/20/04
6,722,161                        10/122,976                        04/20/04
6,722,163                        10/392,005                        04/20/04
6,722,164                        09/096,972                        04/20/04
6,722,171                        10/316,795                        04/20/04
6,722,172                        10/369,659                        04/20/04
6,722,176                        10/125,202                        04/20/04
6,722,177                        10/083,806                        04/20/04
6,722,180                        10/100,246                        04/20/04
6,722,182                        10/005,976                        04/20/04
6,722,183                        10/091,246                        04/20/04
6,722,190                        10/030,643                        04/20/04
6,722,193                        10/388,069                        04/20/04
6,722,199                        10/168,280                        04/20/04
6,722,218                        09/763,941                        04/20/04
6,722,219                        10/047,979                        04/20/04
6,722,227                        10/125,504                        04/20/04
6,722,230                        09/773,924                        04/20/04
6,722,232                        10/211,169                        04/20/04
6,722,236                        09/622,845                        04/20/04
6,722,239                        10/191,104                        04/20/04
6,722,241                        10/156,044                        04/20/04
6,722,244                        09/626,901                        04/20/04
6,722,247                        10/045,905                        04/20/04
6,722,248                        10/365,292                        04/20/04
6,722,250                        09/754,163                        04/20/04
6,722,252                        09/958,465                        04/20/04
6,722,253                        10/142,474                        04/20/04
6,722,259                        10/013,509                        04/20/04
6,722,267                        09/918,492                        04/20/04
6,722,271                        10/080,783                        04/20/04
6,722,275                        10/075,955                        04/20/04
6,722,276                        09/688,024                        04/20/04
6,722,280                        10/215,572                        04/20/04
6,722,281                        10/329,770                        04/20/04
6,722,283                        10/249,794                        04/20/04
6,722,286                        10/188,865                        04/20/04
6,722,290                        10/064,319                        04/20/04
6,722,294                        10/213,661                        04/20/04
6,722,307                        10/372,543                        04/20/04
6,722,308                        10/404,341                        04/20/04
6,722,309                        09/612,570                        04/20/04
6,722,310                        09/980,294                        04/20/04
6,722,313                        10/166,353                        04/20/04
6,722,315                        10/115,663                        04/20/04
6,722,317                        10/163,173                        04/20/04
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 76 

6,722,321                        10/275,177                        04/20/04
6,722,322                        10/123,402                        04/20/04
6,722,325                        10/278,077                        04/20/04
6,722,328                        10/313,069                        04/20/04
6,722,339                        10/097,196                        04/20/04
6,722,340                        09/936,425                        04/20/04
6,722,342                        10/267,874                        04/20/04
6,722,353                        10/140,413                        04/20/04
6,722,358                        10/001,224                        04/20/04
6,722,365                        10/337,398                        04/20/04
6,722,370                        09/118,645                        04/20/04
6,722,374                        10/211,389                        04/20/04
6,722,376                        09/458,875                        04/20/04
6,722,385                        10/229,896                        04/20/04
6,722,386                        10/458,549                        04/20/04
6,722,388                        09/514,914                        04/20/04
6,722,390                        10/139,599                        04/20/04
6,722,392                        10/030,148                        04/20/04
6,722,393                        10/153,563                        04/20/04
6,722,402                        10/211,335                        04/20/04
6,722,403                        10/057,370                        04/20/04
6,722,410                        09/622,036                        04/20/04
6,722,413                        09/698,009                        04/20/04
6,722,418                        10/128,197                        04/20/04
6,722,419                        10/447,147                        04/20/04
6,722,420                        10/236,692                        04/20/04
6,722,421                        10/156,281                        04/20/04
6,722,422                        10/458,012                        04/20/04
6,722,424                        09/964,896                        04/20/04
6,722,430                        09/841,429                        04/20/04
6,722,448                        10/301,470                        04/20/04
6,722,454                        10/226,139                        04/20/04
6,722,455                        10/085,970                        04/20/04
6,722,457                        09/984,217                        04/20/04
6,722,460                        10/243,758                        04/20/04
6,722,461                        10/102,873                        04/20/04
6,722,477                        10/088,756                        04/20/04
6,722,480                        10/140,341                        04/20/04
6,722,500                        09/910,472                        04/20/04
6,722,511                        10/331,377                        04/20/04
6,722,517                        10/002,532                        04/20/04
6,722,518                        10/338,201                        04/20/04
6,722,523                        10/160,997                        04/20/04
6,722,526                        10/051,658                        04/20/04
6,722,529                        10/121,599                        04/20/04
6,722,535                        10/274,538                        04/20/04
6,722,541                        10/277,574                        04/20/04
6,722,543                        10/179,831                        04/20/04
6,722,545                        10/230,261                        04/20/04
6,722,549                        10/141,466                        04/20/04
6,722,555                        09/781,289                        04/20/04
6,722,561                        09/904,137                        04/20/04
6,722,570                        08/420,796                        04/20/04
6,722,583                        10/170,070                        04/20/04
6,722,587                        10/075,275                        04/20/04
6,722,605                        10/266,375                        04/20/04
6,722,607                        10/378,307                        04/20/04
6,722,612                        10/119,441                        04/20/04
6,722,614                        10/218,461                        04/20/04
6,722,616                        10/026,881                        04/20/04
6,722,617                        10/303,249                        04/20/04
6,722,618                        10/292,459                        04/20/04
6,722,631                        10/091,227                        04/20/04
6,722,634                        10/263,750                        04/20/04
6,722,643                        10/444,740                        04/20/04
6,722,645                        10/292,286                        04/20/04
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 77 

6,722,652                        10/193,669                        04/20/04
6,722,654                        10/339,219                        04/20/04
6,722,655                        10/306,425                        04/20/04
6,722,661                        10/277,592                        04/20/04
6,722,663                        10/018,055                        04/20/04
6,722,664                        10/167,951                        04/20/04
6,722,666                        10/125,729                        04/20/04
6,722,670                        10/174,963                        04/20/04
6,722,677                        10/037,279                        04/20/04
6,722,679                        10/191,819                        04/20/04
6,722,684                        10/144,102                        04/20/04
6,722,689                        10/050,904                        04/20/04
6,722,690                        10/222,224                        04/20/04
6,722,708                        10/194,234                        04/20/04
6,722,709                        10/219,435                        04/20/04
6,722,713                        10/170,257                        04/20/04
6,722,725                        09/959,305                        04/20/04
6,722,727                        10/339,620                        04/20/04
6,722,728                        10/139,563                        04/20/04
6,722,732                        10/308,942                        04/20/04
6,722,733                        10/191,374                        04/20/04
6,722,734                        09/927,821                        04/20/04
6,722,747                        09/961,558                        04/20/04
6,722,756                        10/186,489                        04/20/04
6,722,758                        10/309,242                        04/20/04
6,722,766                        10/335,157                        04/20/04
6,722,772                        09/932,443                        04/20/04
6,722,774                        10/447,867                        04/20/04
6,722,775                        10/213,841                        04/20/04
6,722,776                        10/022,315                        04/20/04
6,722,777                        10/065,328                        04/20/04
6,722,779                        10/045,580                        04/20/04
6,722,781                        10/191,465                        04/20/04
6,722,797                        10/307,787                        04/20/04
6,722,805                        10/316,482                        04/20/04
6,722,820                        10/081,951                        04/20/04
6,722,821                        10/041,961                        04/20/04
6,722,839                        09/999,858                        04/20/04
6,722,840                        10/141,405                        04/20/04
6,722,846                        10/207,385                        04/20/04
6,722,849                        10/093,879                        04/20/04
6,722,851                        10/385,438                        04/20/04
6,722,862                        10/083,780                        04/20/04
6,722,871                        09/783,892                        04/20/04
6,722,874                        10/130,163                        04/20/04
6,722,875                        10/124,515                        04/20/04
6,722,886                        10/046,369                        04/20/04
6,722,895                        10/336,487                        04/20/04
6,722,896                        09/815,113                        04/20/04
6,722,897                        10/271,288                        04/20/04
6,722,902                        10/155,551                        04/20/04
6,722,910                        10/126,724                        04/20/04
6,722,911                        10/266,358                        04/20/04
6,722,912                        10/210,129                        04/20/04
6,722,917                        10/197,850                        04/20/04
6,722,923                        10/288,085                        04/20/04
6,722,924                        10/330,990                        04/20/04
6,722,929                        10/170,563                        04/20/04
6,722,934                        10/098,708                        04/20/04
6,722,940                        10/328,991                        04/20/04
6,722,947                        09/950,454                        04/20/04
6,722,953                        10/013,670                        04/20/04
6,722,961                        09/883,909                        04/20/04
6,722,962                        09/678,436                        04/20/04
6,722,963                        09/366,406                        04/20/04
6,722,978                        10/143,358                        04/20/04
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 78 

6,722,991                        10/025,024                        04/20/04
6,722,993                        10/072,949                        04/20/04
6,722,996                        10/277,493                        04/20/04
6,722,998                        10/379,877                        04/20/04
6,722,999                        10/420,657                        04/20/04
6,723,001                        10/238,585                        04/20/04
6,723,002                        10/349,463                        04/20/04
6,723,003                        10/201,039                        04/20/04
6,723,007                        10/314,122                        04/20/04
6,723,010                        10/234,655                        04/20/04
6,723,011                        10/159,046                        04/20/04
6,723,014                        09/810,608                        04/20/04
6,723,019                        10/243,607                        04/20/04
6,723,050                        10/026,996                        04/20/04
6,723,057                        09/826,379                        04/20/04
6,723,061                        09/998,850                        04/20/04
6,723,068                        10/252,336                        04/20/04
6,723,074                        10/119,669                        04/20/04
6,723,078                        10/191,826                        04/20/04
6,723,085                        10/174,074                        04/20/04
6,723,089                        09/839,640                        04/20/04
6,723,090                        10/188,319                        04/20/04
6,723,093                        10/104,940                        04/20/04
6,723,101                        10/071,382                        04/20/04
6,723,103                        10/236,219                        04/20/04
6,723,116                        10/143,532                        04/20/04
6,723,130                        09/919,178                        04/20/04
6,723,132                        10/179,309                        04/20/04
6,723,138                        10/383,025                        04/20/04
6,723,139                        09/868,993                        04/20/04
6,723,141                        09/704,022                        04/20/04
6,723,151                        10/254,537                        04/20/04
6,723,153                        09/988,820                        04/20/04
6,723,157                        10/454,140                        04/20/04
6,723,161                        10/298,894                        04/20/04
6,723,164                        10/129,983                        04/20/04
6,723,165                        10/118,924                        04/20/04
6,723,179                        09/977,333                        04/20/04
6,723,180                        10/027,739                        04/20/04
6,723,184                        10/372,386                        04/20/04
6,723,190                        09/697,247                        04/20/04
6,723,191                        10/111,314                        04/20/04
6,723,212                        09/890,607                        04/20/04
6,723,217                        10/089,322                        04/20/04
6,723,231                        09/980,059                        04/20/04
6,723,233                        10/061,752                        04/20/04
6,723,234                        10/124,100                        04/20/04
6,723,235                        10/093,484                        04/20/04
6,723,240                        08/527,679                        04/20/04
6,723,250                        09/238,262                        04/20/04
6,723,255                        09/784,884                        04/20/04
6,723,257                        10/021,730                        04/20/04
6,723,259                        09/496,491                        04/20/04
6,723,261                        09/941,134                        04/20/04
6,723,262                        09/768,891                        04/20/04
6,723,265                        09/889,454                        04/20/04
6,723,266                        10/295,852                        04/20/04
6,723,268                        10/229,671                        04/20/04
6,723,277                        09/937,546                        04/20/04
6,723,278                        09/831,340                        04/20/04
6,723,282                        09/350,858                        04/20/04
6,723,296                        09/959,521                        04/20/04
6,723,306                        10/161,877                        04/20/04
6,723,310                        10/207,635                        04/20/04
6,723,321                        09/227,488                        04/20/04
6,723,328                        10/170,638                        04/20/04
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 79 

6,723,330                        10/156,914                        04/20/04
6,723,331                        08/479,977                        04/20/04
6,723,332                        09/864,846                        04/20/04
6,723,333                        09/646,339                        04/20/04
6,723,335                        09/545,441                        04/20/04
6,723,342                        09/632,228                        04/20/04
6,723,353                        09/989,295                        04/20/04
6,723,357                        09/699,218                        04/20/04
6,723,365                        10/136,378                        04/20/04
6,723,372                        09/622,811                        04/20/04
6,723,375                        10/040,728                        04/20/04
6,723,383                        09/812,712                        04/20/04
6,723,388                        10/261,197                        04/20/04
6,723,405                        09/382,284                        04/20/04
6,723,406                        09/844,084                        04/20/04
6,723,410                        10/077,297                        04/20/04
6,723,411                        10/082,106                        04/20/04
6,723,414                        09/932,978                        04/20/04
6,723,416                        09/869,710                        04/20/04
6,723,429                        09/795,562                        04/20/04
6,723,443                        09/990,222                        04/20/04
6,723,456                        10/022,818                        04/20/04
6,723,460                        09/898,487                        04/20/04
6,723,465                        09/784,746                        04/20/04
6,723,466                        09/804,077                        04/20/04
6,723,468                        10/142,898                        04/20/04
6,723,476                        09/920,971                        04/20/04
6,723,480                        10/091,368                        04/20/04
6,723,487                        09/936,323                        04/20/04
6,723,488                        10/037,161                        04/20/04
6,723,490                        09/999,587                        04/20/04
6,723,496                        09/789,802                        04/20/04
6,723,497                        09/828,627                        04/20/04
6,723,501                        10/041,455                        04/20/04
6,723,504                        09/426,340                        04/20/04
6,723,509                        09/802,358                        04/20/04
6,723,514                        09/906,867                        04/20/04
6,723,520                        10/039,659                        04/20/04
6,723,523                        10/002,961                        04/20/04
6,723,527                        10/010,716                        04/20/04
6,723,538                        09/948,004                        04/20/04
6,723,542                        10/229,124                        04/20/04
6,723,544                        10/033,078                        04/20/04
6,723,547                        09/822,871                        04/20/04
6,723,552                        09/885,478                        04/20/04
6,723,553                        09/891,711                        04/20/04
6,723,560                        09/168,791                        04/20/04
6,723,561                        09/043,665                        04/20/04
6,723,567                        09/600,148                        04/20/04
6,723,569                        09/831,132                        04/20/04
6,723,575                        10/421,822                        04/20/04
6,723,614                        10/003,307                        04/20/04
6,723,631                        09/965,220                        04/20/04
6,723,642                        10/377,471                        04/20/04
6,723,671                        09/835,098                        04/20/04
6,723,673                        10/409,808                        04/20/04
6,723,677                        09/891,632                        04/20/04
6,723,679                        10/120,393                        04/20/04
6,723,680                        09/959,761                        04/20/04
6,723,694                        08/861,153                        04/20/04
6,723,696                        09/868,953                        04/20/04
6,723,698                        08/937,755                        04/20/04
6,723,700                        09/282,029                        04/20/04
6,723,701                        09/742,600                        04/20/04
6,723,704                        09/894,140                        04/20/04
6,723,705                        09/206,132                        04/20/04
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 80 

6,723,706                        09/423,198                        04/20/04
6,723,714                        09/347,974                        04/20/04
6,723,715                        10/148,159                        04/20/04
6,723,718                        10/206,166                        04/20/04
6,723,719                        09/402,229                        04/20/04
6,723,720                        10/006,954                        04/20/04
6,723,724                        09/839,206                        04/20/04
6,723,726                        09/608,971                        04/20/04
6,723,730                        09/910,442                        04/20/04
6,723,733                        09/854,455                        04/20/04
6,723,735                        10/070,026                        04/20/04
6,723,736                        09/973,190                        04/20/04
6,723,741                        10/278,608                        04/20/04
6,723,744                        10/255,180                        04/20/04
6,723,745                        10/337,702                        04/20/04
6,723,747                        10/317,163                        04/20/04
6,723,750                        10/099,239                        04/20/04
6,723,758                        09/934,176                        04/20/04
6,723,766                        09/591,239                        04/20/04
6,723,768                        10/107,674                        04/20/04
6,723,770                        10/346,340                        04/20/04
6,723,772                        10/190,831                        04/20/04
6,723,776                        09/749,686                        04/20/04
6,723,777                        10/422,318                        04/20/04
6,723,779                        10/134,470                        04/20/04
6,723,787                        10/308,663                        04/20/04
6,723,789                        10/247,362                        04/20/04
6,723,790                        09/886,075                        04/20/04
6,723,798                        10/111,671                        04/20/04
6,723,799                        09/938,760                        04/20/04
6,723,813                        10/462,636                        04/20/04
6,723,821                        10/078,591                        04/20/04
6,723,830                        10/038,612                        04/20/04
6,723,831                        10/123,396                        04/20/04
6,723,848                        10/257,139                        04/20/04
6,723,850                        09/743,373                        04/20/04
6,723,852                        10/204,604                        04/20/04
6,723,857                        10/019,670                        04/20/04
6,723,858                        10/080,076                        04/20/04
6,723,866                        10/202,633                        04/20/04
6,723,867                        10/049,960                        04/20/04
6,723,868                        09/198,427                        04/20/04
6,723,872                        10/058,377                        04/20/04
6,723,879                        10/275,634                        04/20/04
6,723,881                        10/130,373                        04/20/04
6,723,885                        10/129,757                        04/20/04
6,723,887                        10/193,936                        04/20/04
6,723,891                        10/213,479                        04/20/04
6,723,895                        09/839,477                        04/20/04
6,723,898                        09/376,045                        04/20/04
6,723,906                        10/216,205                        04/20/04
6,723,912                        10/160,091                        04/20/04
6,723,913                        10/198,300                        04/20/04
6,723,915                        10/021,984                        04/20/04
6,723,918                        10/304,553                        04/20/04
6,723,919                        10/414,074                        04/20/04
6,723,923                        10/199,012                        04/20/04
6,723,926                        10/134,929                        04/20/04
6,723,931                        10/349,048                        04/20/04
6,723,932                        10/239,705                        04/20/04
6,723,933                        10/142,643                        04/20/04
6,723,935                        10/395,507                        04/20/04
6,723,937                        10/120,301                        04/20/04
6,723,956                        10/023,870                        04/20/04
6,723,962                        10/187,686                        04/20/04
6,723,969                        10/149,104                        04/20/04
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 81 

6,723,971                        09/857,397                        04/20/04
6,723,972                        10/011,520                        04/20/04
6,723,973                        10/293,977                        04/20/04
6,723,980                        09/907,322                        04/20/04
6,723,982                        10/618,189                        04/20/04
6,723,986                        10/027,333                        04/20/04
6,723,987                        09/727,358                        04/20/04
6,723,995                        10/005,963                        04/20/04
6,723,999                        09/853,448                        04/20/04
6,724,000                        10/151,589                        04/20/04
6,724,002                        10/055,121                        04/20/04
6,724,003                        09/869,973                        04/20/04
6,724,033                        09/233,820                        04/20/04
6,724,083                        10/390,674                        04/20/04
6,724,095                        09/915,076                        04/20/04
6,724,110                        10/036,607                        04/20/04
6,724,116                        10/326,627                        04/20/04
6,724,128                        10/137,502                        04/20/04
6,724,130                        09/696,523                        04/20/04
6,724,134                        10/106,336                        04/20/04
6,724,136                        09/639,119                        04/20/04
6,724,137                        09/837,549                        04/20/04
6,724,139                        10/003,232                        04/20/04
6,724,144                        09/979,091                        04/20/04
6,724,154                        10/293,381                        04/20/04
6,724,161                        10/060,518                        04/20/04
6,724,162                        09/950,845                        04/20/04
6,724,164                        10/464,241                        04/20/04
6,724,171                        10/063,892                        04/20/04
6,724,172                        10/331,228                        04/20/04
6,724,184                        09/890,367                        04/20/04
6,724,190                        10/146,336                        04/20/04
6,724,191                        09/852,255                        04/20/04
6,724,194                        09/607,796                        04/20/04
6,724,205                        10/294,130                        04/20/04
6,724,207                        10/384,610                        04/20/04
6,724,208                        09/733,228                        04/20/04
6,724,209                        09/548,885                        04/20/04
6,724,244                        10/227,811                        04/20/04
6,724,259                        10/144,728                        04/20/04
6,724,269                        10/213,481                        04/20/04
6,724,274                        10/093,630                        04/20/04
6,724,278                        09/889,671                        04/20/04
6,724,285                        10/050,723                        04/20/04
6,724,287                        10/182,943                        04/20/04
6,724,293                        09/557,889                        04/20/04
6,724,298                        09/923,622                        04/20/04
6,724,302                        10/092,845                        04/20/04
6,724,306                        10/177,300                        04/20/04
6,724,307                        09/576,814                        04/20/04
6,724,311                        09/989,863                        04/20/04
6,724,324                        09/643,236                        04/20/04
6,724,334                        10/234,632                        04/20/04
6,724,341                        10/065,023                        04/20/04
6,724,345                        10/128,764                        04/20/04
6,724,347                        10/178,328                        04/20/04
6,724,350                        10/040,371                        04/20/04
6,724,374                        09/693,473                        04/20/04
6,724,386                        10/001,404                        04/20/04
6,724,387                        10/033,710                        04/20/04
6,724,407                        09/498,632                        04/20/04
6,724,411                        09/766,077                        04/20/04
6,724,418                        09/471,381                        04/20/04
6,724,420                        09/747,291                        04/20/04
6,724,428                        09/387,545                        04/20/04
6,724,436                        09/548,196                        04/20/04
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 82 

6,724,438                        09/800,907                        04/20/04
6,724,460                        09/988,830                        04/20/04
6,724,463                        09/911,619                        04/20/04
6,724,464                        10/025,917                        04/20/04
6,724,465                        10/130,519                        04/20/04
6,724,466                        10/107,663                        04/20/04
6,724,468                        10/211,018                        04/20/04
6,724,472                        10/047,214                        04/20/04
6,724,477                        10/000,541                        04/20/04
6,724,505                        09/682,553                        04/20/04
6,724,507                        09/345,783                        04/20/04
6,724,510                        09/935,517                        04/20/04
6,724,511                        10/292,661                        04/20/04
6,724,523                        10/116,854                        04/20/04
6,724,528                        10/083,358                        04/20/04
6,724,530                        10/011,429                        04/20/04
6,724,531                        09/771,581                        04/20/04
6,724,535                        09/869,600                        04/20/04
6,724,536                        09/899,006                        04/20/04
6,724,537                        10/268,512                        04/20/04
6,724,538                        09/824,231                        04/20/04
6,724,542                        10/148,910                        04/20/04
6,724,544                        10/052,252                        04/20/04
6,724,557                        09/865,263                        04/20/04
6,724,565                        09/953,868                        04/20/04
6,724,573                        09/851,200                        04/20/04
6,724,586                        09/819,357                        04/20/04
6,724,597                        09/763,450                        04/20/04
6,724,599                        09/986,594                        04/20/04
6,724,615                        09/879,115                        04/20/04
6,724,620                        10/285,794                        04/20/04
6,724,629                        10/424,853                        04/20/04
6,724,635                        09/923,747                        04/20/04
6,724,647                        10/069,453                        04/20/04
6,724,656                        10/428,732                        04/20/04
6,724,671                        10/208,829                        04/20/04
6,724,673                        10/018,078                        04/20/04
6,724,689                        10/094,292                        04/20/04
6,724,694                        10/173,495                        04/20/04
6,724,696                        09/938,311                        04/20/04
6,724,697                        09/809,324                        04/20/04
6,724,699                        09/799,568                        04/20/04
6,724,700                        09/688,461                        04/20/04
6,724,709                        09/987,888                        04/20/04
6,724,711                        10/094,948                        04/20/04
6,724,715                        09/502,012                        04/20/04
6,724,717                        10/002,233                        04/20/04
6,724,726                        09/694,322                        04/20/04
6,724,735                        09/497,020                        04/20/04
6,724,743                        09/562,526                        04/20/04
6,724,755                        09/222,719                        04/20/04
6,724,760                        09/040,742                        04/20/04
6,724,763                        09/259,685                        04/20/04
6,724,771                        09/461,113                        04/20/04
6,724,774                        09/313,287                        04/20/04
6,724,777                        09/388,209                        04/20/04
6,724,785                        09/549,267                        04/20/04
6,724,792                        10/242,055                        04/20/04
6,724,799                        10/177,955                        04/20/04
6,724,804                        09/350,997                        04/20/04
6,724,812                        09/725,763                        04/20/04
6,724,841                        09/934,034                        04/20/04
6,724,850                        09/652,645                        04/20/04
6,724,851                        10/412,456                        04/20/04
6,724,863                        09/742,377                        04/20/04
6,724,867                        09/412,250                        04/20/04
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 83 

6,724,872                        10/022,940                        04/20/04
6,724,875                        08/871,545                        04/20/04
6,724,899                        09/429,366                        04/20/04
6,724,900                        10/030,713                        04/20/04
6,724,906                        10/140,348                        04/20/04
6,724,916                        09/477,811                        04/20/04
6,724,920                        09/621,160                        04/20/04
6,724,934                        09/562,432                        04/20/04
6,724,938                        09/718,166                        04/20/04
6,724,946                        09/532,077                        04/20/04
6,724,950                        09/822,752                        04/20/04
6,724,951                        10/106,776                        04/20/04
6,724,968                        09/728,766                        04/20/04
6,724,972                        10/038,370                        04/20/04
6,724,975                        09/460,561                        04/20/04
6,724,981                        09/518,226                        04/20/04
6,724,983                        09/857,883                        04/20/04
6,724,987                        10/142,771                        04/20/04
6,724,988                        10/323,881                        04/20/04
6,724,990                        10/210,225                        04/20/04
6,724,993                        09/771,794                        04/20/04
6,725,005                        10/267,621                        04/20/04
6,725,014                        09/641,384                        04/20/04
6,725,023                        09/775,848                        04/20/04
6,725,042                        10/232,469                        04/20/04
6,725,044                        10/219,579                        04/20/04
6,725,058                        10/034,339                        04/20/04
6,725,066                        09/730,582                        04/20/04
6,725,084                        09/871,832                        04/20/04
6,725,092                        10/132,457                        04/20/04
6,725,100                        09/584,734                        04/20/04
6,725,103                        09/803,997                        04/20/04
6,725,105                        09/726,878                        04/20/04
6,725,112                        09/594,975                        04/20/04
6,725,114                        09/771,254                        04/20/04
6,725,116                        09/756,170                        04/20/04
6,725,118                        10/321,305                        04/20/04
6,725,120                        09/823,151                        04/20/04
6,725,127                        10/293,521                        04/20/04
6,725,129                        10/234,111                        04/20/04
6,725,130                        09/849,491                        04/20/04
6,725,138                        10/054,237                        04/20/04
6,725,142                        10/190,732                        04/20/04
6,725,146                        10/320,452                        04/20/04
6,725,151                        10/351,322                        04/20/04
6,725,168                        10/049,596                        04/20/04
6,725,175                        09/702,721                        04/20/04
6,725,224                        09/572,235                        04/20/04
6,725,229                        09/751,281                        04/20/04
6,725,232                        09/765,807                        04/20/04
6,725,236                        09/739,842                        04/20/04
6,725,248                        09/654,090                        04/20/04
6,725,251                        08/818,436                        04/20/04
6,725,275                        10/251,238                        04/20/04
6,725,291                        10/050,124                        04/20/04
6,725,298                        09/597,900                        04/20/04
6,725,323                        10/003,253                        04/20/04
6,725,344                        10/213,696                        04/20/04
6,725,355                        09/132,413                        04/20/04
6,725,370                        09/353,598                        04/20/04
6,725,417                        09/803,949                        04/20/04
6,725,423                        09/222,325                        04/20/04
6,725,448                        09/715,178                        04/20/04
6,722,302                        09/953,797                        04/20/04

                   PATENTS WHICH EXPIRED ON April 22, 2012
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 84 

                    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent                          Application                           Issue
Number                             Number                              Date

7,360,255                        11/455,554                        04/22/08
7,360,258                        11/375,676                        04/22/08
7,360,259                        11/507,431                        04/22/08
7,360,261                        11/427,791                        04/22/08
7,360,279                        11/203,582                        04/22/08
7,360,281                        11/619,175                        04/22/08
7,360,285                        11/119,851                        04/22/08
7,360,296                        10/957,098                        04/22/08
7,360,298                        11/227,408                        04/22/08
7,360,305                        10/550,713                        04/22/08
7,360,317                        11/508,501                        04/22/08
7,360,321                        10/704,730                        04/22/08
7,360,326                        11/198,122                        04/22/08
7,360,332                        11/421,751                        04/22/08
7,360,339                        11/222,379                        04/22/08
7,360,341                        10/660,528                        04/22/08
7,360,347                        11/458,238                        04/22/08
7,360,349                        10/469,203                        04/22/08
7,360,355                        08/658,493                        04/22/08
7,360,361                        11/399,775                        04/22/08
7,360,379                        11/620,506                        04/22/08
7,360,383                        11/645,697                        04/22/08
7,360,386                        10/965,546                        04/22/08
7,360,387                        11/342,650                        04/22/08
7,360,390                        11/387,030                        04/22/08
7,360,393                        11/592,626                        04/22/08
7,360,394                        11/196,490                        04/22/08
7,360,399                        11/104,476                        04/22/08
7,360,402                        11/207,667                        04/22/08
7,360,403                        11/039,091                        04/22/08
7,360,404                        10/524,729                        04/22/08
7,360,409                        10/516,666                        04/22/08
7,360,421                        11/451,878                        04/22/08
7,360,424                        10/518,407                        04/22/08
7,360,426                        11/154,801                        04/22/08
7,360,433                        11/601,508                        04/22/08
7,360,442                        11/321,826                        04/22/08
7,360,454                        11/418,142                        04/22/08
7,360,455                        11/724,037                        04/22/08
7,360,458                        10/574,726                        04/22/08
7,360,460                        11/111,665                        04/22/08
7,360,471                        10/380,184                        04/22/08
7,360,480                        10/805,352                        04/22/08
7,360,482                        11/336,445                        04/22/08
7,360,484                        11/633,295                        04/22/08
7,360,494                        11/486,729                        04/22/08
7,360,495                        11/640,560                        04/22/08
7,360,499                        11/267,117                        04/22/08
7,360,501                        10/524,708                        04/22/08
7,360,507                        11/259,929                        04/22/08
7,360,525                        11/510,558                        04/22/08
7,360,532                        11/324,092                        04/22/08
7,360,535                        11/003,452                        04/22/08
7,360,556                        11/643,382                        04/22/08
7,360,567                        10/601,040                        04/22/08
7,360,570                        11/236,501                        04/22/08
7,360,572                        10/495,543                        04/22/08
7,360,576                        10/831,484                        04/22/08
7,360,580                        11/716,760                        04/22/08
7,360,583                        11/308,275                        04/22/08
7,360,585                        10/572,133                        04/22/08
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 85 

7,360,609                        11/124,449                        04/22/08
7,360,613                        11/418,068                        04/22/08
7,360,614                        10/849,181                        04/22/08
7,360,620                        10/665,245                        04/22/08
7,360,628                        10/778,927                        04/22/08
7,360,630                        10/709,149                        04/22/08
7,360,633                        11/222,758                        04/22/08
7,360,635                        11/190,485                        04/22/08
7,360,648                        10/942,330                        04/22/08
7,360,650                        11/131,057                        04/22/08
7,360,651                        10/958,876                        04/22/08
7,360,659                        10/735,446                        04/22/08
7,360,665                        10/913,708                        04/22/08
7,360,667                        11/262,471                        04/22/08
7,360,669                        11/283,700                        04/22/08
7,360,675                        11/006,334                        04/22/08
7,360,676                        10/662,836                        04/22/08
7,360,680                        11/393,181                        04/22/08
7,360,681                        11/708,303                        04/22/08
7,360,700                        11/784,803                        04/22/08
7,360,716                        10/550,342                        04/22/08
7,360,718                        10/987,401                        04/22/08
7,360,719                        11/413,854                        04/22/08
7,360,726                        10/544,572                        04/22/08
7,360,728                        10/542,320                        04/22/08
7,360,732                        11/742,981                        04/22/08
7,360,740                        11/176,065                        04/22/08
7,360,744                        11/377,869                        04/22/08
7,360,746                        10/941,907                        04/22/08
7,360,749                        10/501,193                        04/22/08
7,360,752                        11/154,506                        04/22/08
7,360,753                        11/645,930                        04/22/08
7,360,754                        11/277,316                        04/22/08
7,360,760                        11/089,313                        04/22/08
7,360,765                        11/045,661                        04/22/08
7,360,767                        11/280,401                        04/22/08
7,360,768                        11/473,165                        04/22/08
7,360,772                        11/371,429                        04/22/08
7,360,776                        10/967,815                        04/22/08
7,360,780                        11/893,924                        04/22/08
7,360,782                        11/044,213                        04/22/08
7,360,783                        11/321,866                        04/22/08
7,360,788                        11/151,285                        04/22/08
7,360,801                        09/884,706                        04/22/08
7,360,803                        11/080,593                        04/22/08
7,360,805                        11/446,856                        04/22/08
7,360,816                        10/202,395                        04/22/08
7,360,819                        11/551,880                        04/22/08
7,360,825                        11/538,951                        04/22/08
7,360,829                        10/724,958                        04/22/08
7,360,834                        11/341,796                        04/22/08
7,360,837                        11/754,952                        04/22/08
7,360,849                        09/790,129                        04/22/08
7,360,850                        10/846,649                        04/22/08
7,360,860                        11/014,723                        04/22/08
7,360,861                        11/014,747                        04/22/08
7,360,863                        11/154,563                        04/22/08
7,360,865                        10/683,041                        04/22/08
7,360,868                        10/760,198                        04/22/08
7,360,871                        10/922,876                        04/22/08
7,360,872                        11/012,024                        04/22/08
7,360,879                        10/901,806                        04/22/08
7,360,880                        11/124,152                        04/22/08
7,360,889                        11/300,199                        04/22/08
7,360,895                        10/867,523                        04/22/08
7,360,896                        11/247,100                        04/22/08
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 86 

7,360,901                        11/086,314                        04/22/08
7,360,910                        11/374,833                        04/22/08
7,360,913                        10/967,884                        04/22/08
7,360,919                        11/339,615                        04/22/08
7,360,925                        11/347,597                        04/22/08
7,360,926                        11/385,778                        04/22/08
7,360,928                        11/340,799                        04/22/08
7,360,930                        11/426,020                        04/22/08
7,360,936                        11/534,217                        04/22/08
7,360,939                        11/230,333                        04/22/08
7,360,951                        10/766,384                        04/22/08
7,360,952                        11/041,283                        04/22/08
7,360,961                        11/473,557                        04/22/08
7,360,963                        10/771,058                        04/22/08
7,360,966                        10/535,612                        04/22/08
7,360,970                        11/298,226                        04/22/08
7,360,973                        10/484,733                        04/22/08
7,361,003                        11/208,716                        04/22/08
7,361,004                        11/208,532                        04/22/08
7,361,012                        10/966,296                        04/22/08
7,361,013                        11/145,462                        04/22/08
7,361,019                        11/294,052                        04/22/08
7,361,023                        11/646,834                        04/22/08
7,361,030                        11/388,134                        04/22/08
7,361,033                        11/467,945                        04/22/08
7,361,037                        11/711,731                        04/22/08
7,361,039                        11/759,581                        04/22/08
7,361,045                        11/669,563                        04/22/08
7,361,049                        11/656,944                        04/22/08
7,361,054                        11/634,537                        04/22/08
7,361,056                        11/589,283                        04/22/08
7,361,057                        11/670,551                        04/22/08
7,361,068                        11/444,088                        04/22/08
7,361,071                        11/503,835                        04/22/08
7,361,074                        11/061,206                        04/22/08
7,361,075                        11/256,187                        04/22/08
7,361,079                        11/677,296                        04/22/08
7,361,096                        11/376,517                        04/22/08
7,361,108                        10/800,155                        04/22/08
7,361,123                        10/794,502                        04/22/08
7,361,129                        11/756,612                        04/22/08
7,361,137                        10/096,299                        04/22/08
7,361,144                        10/512,492                        04/22/08
7,361,149                        11/267,168                        04/22/08
7,361,155                        10/662,871                        04/22/08
7,361,158                        09/477,572                        04/22/08
7,361,160                        11/135,602                        04/22/08
7,361,164                        11/119,062                        04/22/08
7,361,166                        10/668,034                        04/22/08
7,361,188                        11/101,669                        04/22/08
7,361,191                        10/618,986                        04/22/08
7,361,197                        11/096,401                        04/22/08
7,361,217                        10/541,796                        04/22/08
7,361,218                        10/984,722                        04/22/08
7,361,223                        11/190,462                        04/22/08
7,361,224                        10/507,269                        04/22/08
7,361,227                        10/652,844                        04/22/08
7,361,232                        10/541,669                        04/22/08
7,361,234                        11/432,153                        04/22/08
7,361,239                        10/946,132                        04/22/08
7,361,256                        10/519,847                        04/22/08
7,361,257                        10/642,386                        04/22/08
7,361,263                        10/724,881                        04/22/08
7,361,296                        10/502,640                        04/22/08
7,361,308                        10/312,055                        04/22/08
7,361,314                        10/030,182                        04/22/08
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 87 

7,361,324                        10/872,903                        04/22/08
7,361,330                        10/241,927                        04/22/08
7,361,331                        10/137,647                        04/22/08
7,361,340                        11/223,812                        04/22/08
7,361,343                        10/810,751                        04/22/08
7,361,348                        10/451,323                        04/22/08
7,361,355                        11/639,810                        04/22/08
7,361,378                        09/612,543                        04/22/08
7,361,386                        10/624,254                        04/22/08
7,361,389                        10/562,673                        04/22/08
7,361,393                        11/130,262                        04/22/08
7,361,394                        11/131,280                        04/22/08
7,361,407                        10/784,792                        04/22/08
7,361,408                        11/337,646                        04/22/08
7,361,417                        10/837,606                        04/22/08
7,361,421                        11/126,153                        04/22/08
7,361,425                        10/507,735                        04/22/08
7,361,432                        10/470,771                        04/22/08
7,361,450                        10/505,600                        04/22/08
7,361,472                        10/084,844                        04/22/08
7,361,475                        11/042,241                        04/22/08
7,361,484                        11/704,724                        04/22/08
7,361,486                        10/501,053                        04/22/08
7,361,494                        10/130,932                        04/22/08
7,361,496                        10/048,384                        04/22/08
7,361,503                        10/985,205                        04/22/08
7,361,507                        10/129,560                        04/22/08
7,361,524                        11/341,613                        04/22/08
7,361,549                        11/185,473                        04/22/08
7,361,590                        11/334,391                        04/22/08
7,361,612                        11/447,932                        04/22/08
7,361,614                        11/404,703                        04/22/08
7,361,637                        11/096,661                        04/22/08
7,361,639                        10/362,916                        04/22/08
7,361,656                        11/353,518                        04/22/08
7,361,657                        11/332,557                        04/22/08
7,361,660                        10/483,161                        04/22/08
7,361,662                        10/533,697                        04/22/08
7,361,664                        10/481,052                        04/22/08
7,361,668                        10/490,436                        04/22/08
7,361,670                        11/024,637                        04/22/08
7,361,671                        10/295,414                        04/22/08
7,361,680                        11/467,472                        04/22/08
7,361,691                        10/726,467                        04/22/08
7,361,702                        10/467,801                        04/22/08
7,361,728                        10/957,325                        04/22/08
7,361,730                        09/936,565                        04/22/08
7,361,734                        10/492,581                        04/22/08
7,361,735                        10/796,947                        04/22/08
7,361,738                        11/169,232                        04/22/08
7,361,742                        10/724,662                        04/22/08
7,361,743                        11/217,836                        04/22/08
7,361,745                        10/578,800                        04/22/08
7,361,750                        10/374,535                        04/22/08
7,361,756                        11/053,072                        04/22/08
7,361,758                        10/527,193                        04/22/08
7,361,760                        11/687,601                        04/22/08
7,361,768                        11/536,180                        04/22/08
7,361,769                        11/181,255                        04/22/08
7,361,770                        10/539,811                        04/22/08
7,361,771                        11/546,047                        04/22/08
7,361,773                        10/919,099                        04/22/08
7,361,774                        10/529,859                        04/22/08
7,361,775                        10/574,693                        04/22/08
7,361,776                        10/543,098                        04/22/08
7,361,801                        10/648,893                        04/22/08
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 88 

7,361,805                        10/515,481                        04/22/08
7,361,823                        11/122,923                        04/22/08
7,361,834                        11/672,128                        04/22/08
7,361,838                        11/591,364                        04/22/08
7,361,848                        11/046,739                        04/22/08
7,361,858                        11/431,568                        04/22/08
7,361,903                        10/570,732                        04/22/08
7,361,904                        11/418,857                        04/22/08
7,361,905                        10/820,732                        04/22/08
7,361,906                        11/022,302                        04/22/08
7,361,907                        10/546,936                        04/22/08
7,361,929                        11/732,936                        04/22/08
7,361,933                        11/616,707                        04/22/08
7,361,963                        11/301,873                        04/22/08
7,362,005                        11/075,656                        04/22/08
7,362,006                        11/194,340                        04/22/08
7,362,017                        11/156,827                        04/22/08
7,362,025                        11/135,452                        04/22/08
7,362,033                        11/365,655                        04/22/08
7,362,044                        11/372,049                        04/22/08
7,362,051                        10/932,260                        04/22/08
7,362,057                        11/492,034                        04/22/08
7,362,067                        11/325,246                        04/22/08
7,362,072                        11/430,056                        04/22/08
7,362,073                        10/719,456                        04/22/08
7,362,078                        11/294,457                        04/22/08
7,362,082                        10/598,634                        04/22/08
7,362,085                        11/316,747                        04/22/08
7,362,098                        10/599,365                        04/22/08
7,362,099                        10/570,712                        04/22/08
7,362,100                        10/595,740                        04/22/08
7,362,114                        10/974,147                        04/22/08
7,362,115                        11/655,605                        04/22/08
7,362,140                        11/596,312                        04/22/08
7,362,142                        11/003,399                        04/22/08
7,362,149                        11/551,953                        04/22/08
7,362,160                        11/521,463                        04/22/08
7,362,161                        11/341,371                        04/22/08
7,362,169                        11/398,078                        04/22/08
7,362,172                        10/587,167                        04/22/08
7,362,185                        11/342,229                        04/22/08
7,362,195                        11/279,168                        04/22/08
7,362,201                        11/221,131                        04/22/08
7,362,206                        11/423,957                        04/22/08
7,362,209                        10/537,492                        04/22/08
7,362,220                        11/031,574                        04/22/08
7,362,222                        10/934,131                        04/22/08
7,362,231                        11/026,162                        04/22/08
7,362,266                        11/005,774                        04/22/08
7,362,271                        10/347,060                        04/22/08
7,362,274                        11/563,682                        04/22/08
7,362,288                        10/492,671                        04/22/08
7,362,292                        10/562,104                        04/22/08
7,362,295                        10/799,021                        04/22/08
7,362,309                        10/708,245                        04/22/08
7,362,314                        11/188,016                        04/22/08
7,362,345                        11/083,083                        04/22/08
7,362,352                        10/157,060                        04/22/08
7,362,360                        10/699,482                        04/22/08
7,362,364                        10/926,058                        04/22/08
7,362,366                        10/875,781                        04/22/08
7,362,385                        10/497,746                        04/22/08
7,362,402                        11/625,435                        04/22/08
7,362,413                        11/007,580                        04/22/08
7,362,438                        11/204,999                        04/22/08
7,362,445                        11/156,103                        04/22/08
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 89 

7,362,447                        11/297,968                        04/22/08
7,362,454                        11/040,376                        04/22/08
7,362,460                        10/426,706                        04/22/08
7,362,463                        10/944,044                        04/22/08
7,362,469                        10/806,652                        04/22/08
7,362,470                        11/082,048                        04/22/08
7,362,482                        11/095,596                        04/22/08
7,362,484                        11/357,220                        04/22/08
7,362,490                        11/269,569                        04/22/08
7,362,522                        11/435,475                        04/22/08
7,362,527                        10/531,031                        04/22/08
7,362,528                        10/998,594                        04/22/08
7,362,533                        10/909,128                        04/22/08
7,362,549                        10/848,841                        04/22/08
7,362,550                        10/534,145                        04/22/08
7,362,562                        10/463,865                        04/22/08
7,362,570                        11/614,172                        04/22/08
7,362,573                        11/308,763                        04/22/08
7,362,578                        11/247,018                        04/22/08
7,362,579                        11/368,693                        04/22/08
7,362,594                        10/541,227                        04/22/08
7,362,609                        10/526,382                        04/22/08
7,362,628                        11/074,684                        04/22/08
7,362,661                        11/370,636                        04/22/08
7,362,663                        11/230,893                        04/22/08
7,362,671                        10/398,596                        04/22/08
7,362,674                        10/989,466                        04/22/08
7,362,682                        10/927,539                        04/22/08
7,362,684                        10/258,992                        04/22/08
7,362,685                        10/967,205                        04/22/08
7,362,688                        10/490,362                        04/22/08
7,362,690                        10/560,678                        04/22/08
7,362,712                        10/749,049                        04/22/08
7,362,713                        10/761,141                        04/22/08
7,362,747                        10/344,126                        04/22/08
7,362,754                        10/655,149                        04/22/08
7,362,763                        10/655,192                        04/22/08
7,362,780                        10/316,058                        04/22/08
7,362,790                        10/872,950                        04/22/08
7,362,796                        10/771,473                        04/22/08
7,362,806                        09/916,210                        04/22/08
7,362,836                        11/115,660                        04/22/08
7,362,838                        10/658,825                        04/22/08
7,362,846                        10/922,301                        04/22/08
7,362,852                        11/477,167                        04/22/08
7,362,870                        10/311,488                        04/22/08
7,362,872                        10/225,849                        04/22/08
7,362,889                        10/291,866                        04/22/08
7,362,892                        10/612,808                        04/22/08
7,362,896                        10/996,447                        04/22/08
7,362,923                        11/499,704                        04/22/08
7,362,932                        11/603,560                        04/22/08
7,362,933                        11/594,529                        04/22/08
7,362,947                        09/828,407                        04/22/08
7,362,954                        10/688,434                        04/22/08
7,362,958                        10/275,737                        04/22/08
7,362,960                        10/304,843                        04/22/08
7,362,962                        10/810,716                        04/22/08
7,362,964                        11/400,010                        04/22/08
7,362,967                        11/092,935                        04/22/08
7,362,968                        11/062,623                        04/22/08
7,362,971                        11/744,218                        04/22/08
7,363,003                        10/499,718                        04/22/08
7,363,004                        10/778,207                        04/22/08
7,363,015                        11/157,579                        04/22/08
7,363,050                        11/130,246                        04/22/08
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 90 

7,363,053                        10/809,641                        04/22/08
7,363,065                        10/862,352                        04/22/08
7,363,092                        10/516,453                        04/22/08
7,363,098                        11/311,120                        04/22/08
7,363,103                        11/384,338                        04/22/08
7,363,110                        11/730,710                        04/22/08
7,363,114                        11/484,014                        04/22/08
7,363,115                        11/484,020                        04/22/08
7,363,169                        10/501,848                        04/22/08
7,363,193                        10/123,233                        04/22/08
7,363,203                        11/168,258                        04/22/08
7,363,205                        10/941,946                        04/22/08
7,363,222                        10/482,517                        04/22/08
7,363,227                        11/588,979                        04/22/08
7,363,241                        09/458,820                        04/22/08
7,363,242                        10/880,596                        04/22/08
7,363,252                        10/381,658                        04/22/08
7,363,323                        11/077,086                        04/22/08
7,363,370                        11/442,683                        04/22/08
7,363,441                        11/744,683                        04/22/08
7,363,448                        11/280,242                        04/22/08
7,363,565                        11/055,629                        04/22/08
7,363,567                        10/650,957                        04/22/08
7,363,570                        11/020,017                        04/22/08
7,363,592                        11/125,276                        04/22/08
7,363,614                        10/760,366                        04/22/08
7,363,640                        10/946,449                        04/22/08
7,363,648                        09/782,257                        04/22/08
7,363,658                        09/956,091                        04/22/08
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 91 

Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 05/14/2012
                 Patents Reinstated Due to the Acceptance of a
                     Late Maintenance Fee from 05/14/2012

Patent           Application       Filing          Issue           Granted
Number           Number            Date            Date            Date

5,641,439        08/534,979        09/28/95        06/24/97        05/17/12
5,766,119        08/636,764        04/19/96        06/16/98        05/15/12
5,792,714        08/754,691        11/21/96        08/11/98        05/17/12
5,912,902        08/815,025        03/14/97        06/15/99        05/14/12
5,943,140        08/815,026        03/14/97        08/24/99        05/14/12
5,989,277        09/016,090        01/30/98        11/23/99        05/17/12
6,006,615        09/011,431        04/10/98        12/28/99        05/16/12
6,054,863        08/710,130        09/11/96        04/25/00        05/14/12
6,389,615        09/872,032        06/01/01        05/21/02        05/18/12
6,406,451        09/866,302        05/24/01        06/18/02        05/17/12
6,430,287        08/924,069        08/28/97        08/06/02        05/14/12
6,451,421        09/811,274        03/19/01        09/17/02        05/17/12
6,453,806        09/272,417        03/19/99        09/24/02        05/17/12
6,467,404        09/649,642        08/28/00        10/22/02        05/15/12
6,479,208        09/971,289        10/04/01        11/12/02        05/17/12
6,484,106        09/626,513        07/27/00        11/19/02        05/17/12
6,519,955        09/819,591        03/28/01        02/18/03        05/17/12
6,554,700        10/055,099        01/22/02        04/29/03        05/14/12
6,565,002        09/621,171        07/21/00        05/20/03        05/15/12
6,591,529        09/676,973        09/27/00        07/15/03        05/16/12
6,613,179        09/883,115        06/15/01        09/02/03        05/15/12
6,630,348        09/706,690        11/07/00        10/07/03        05/14/12
6,676,605        10/165,556        06/07/02        01/13/04        05/17/12
6,691,916        09/774,386        01/30/01        02/17/04        05/18/12
6,700,121        10/428,372        05/01/03        03/02/04        05/18/12
6,715,810        10/238,193        09/09/02        04/06/04        05/15/12
6,716,360        10/122,695        04/16/02        04/06/04        05/15/12
6,724,751        09/534,728        03/24/00        04/20/04        05/14/12
6,725,333        09/298,046        04/22/99        04/20/04        05/14/12
6,732,048        10/114,839        04/02/02        05/04/04        05/14/12
6,979,170        10/472,578        09/22/03        12/27/05        05/17/12
7,044,820        10/902,809        08/02/04        05/16/06        05/15/12
7,058,253        11/101,989        04/08/05        06/06/06        05/17/12
7,071,614        10/878,841        06/26/04        07/04/06        05/17/12
7,159,318        11/141,147        05/31/05        01/09/07        05/17/12
7,185,806        10/918,683        08/12/04        03/06/07        05/17/12
7,202,602        10/818,042        04/05/04        04/10/07        05/16/12
7,236,766        11/095,867        03/31/05        06/26/07        05/17/12
7,263,775        10/890,868        07/15/04        09/04/07        05/14/12
7,295,097        11/179,292        07/12/05        11/13/07        05/18/12
7,315,825        11/444,081        05/31/06        01/01/08        05/14/12
7,323,646        11/106,208        04/14/05        01/29/08        05/17/12
7,324,066        10/566,361        01/30/06        01/29/08        05/16/12
7,351,203        11/038,828        01/18/05        04/01/08        05/16/12
7,353,998        11/021,660        12/22/04        04/08/08        05/16/12
7,354,008        11/235,427        09/26/05        04/08/08        05/16/12
7,354,548        10/941,967        09/14/04        04/08/08        05/14/12
7,359,622        11/057,645        02/14/05        04/15/08        05/14/12
7,361,959        11/164,515        11/28/05        04/22/08        05/14/12
7,362,184        11/276,410        02/28/06        04/22/08        05/14/12
7,362,330        11/226,964        09/15/05        04/22/08        05/14/12
7,362,651        11/383,023        05/12/06        04/22/08        05/14/12
7,362,706        10/317,413        12/12/02        04/22/08        05/14/12
7,363,297        11/038,707        01/20/05        04/22/08        05/14/12
7,363,303        10/856,392        05/28/04        04/22/08        05/14/12
7,363,313        10/636,417        08/07/03        04/22/08        05/14/12
7,363,317        11/058,020        02/15/05        04/22/08        05/14/12
7,363,348        10/478,120        11/20/03        04/22/08        05/14/12
7,363,397        10/926,589        08/26/04        04/22/08        05/14/12
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 92 

7,363,432        10/809,581        03/25/04        04/22/08        05/14/12
7,363,544        10/697,865        10/30/03        04/22/08        05/14/12
7,363,603        11/225,651        09/13/05        04/22/08        05/14/12
7,363,613        10/860,415        06/03/04        04/22/08        05/14/12
7,363,629        10/465,177        06/19/03        04/22/08        05/14/12
7,366,352        10/393,146        03/20/03        04/29/08        05/14/12
7,366,772        09/896,774        06/29/01        04/29/08        05/14/12
7,366,841        11/054,930        02/10/05        04/29/08        05/14/12
7,366,844        11/054,888        02/10/05        04/29/08        05/14/12
7,366,851        10/922,272        08/19/04        04/29/08        05/14/12
7,366,999        11/408,835        04/21/06        04/29/08        05/14/12
7,367,019        10/942,428        09/16/04        04/29/08        05/14/12
7,367,032        11/031,169        01/07/05        04/29/08        05/14/12
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 93 

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).

   6,200,451, Re. S.N. 13/463,043, May 03, 2012, Cl. 205/000,
METHOD FOR ENHANCING THE SOLDERABILITY OF A SURFACE, Ronald Redline,
et.al., Owner of Record: MacDermid, Inc, Attorney or Agent: Jennifer A.
Calcagni, Ex. Gp.: 1741

   6,444,109, Re. S.N. 13/463,065, May 03, 2012, Cl. 205/000,
METHOD FOR ENHANCING THE SOLDERABILITY OF A SURFACE, Ronald Redline,
et.al., Owner of Record: MacDermid, Inc, Attorney or Agent: Jennifer A.
Calcagni, Ex. Gp.: 1742

   6,850,795, Re. S.N. 13/454,741, Apr. 24, 2012, Cl. 600/000,
METHOD OF NONINVASIVELY DETERMINING A PATIENT'S SUSCEPTIBILITY TO
ARRHYTHMIA, Harold H. Hoium et. al., Owner of Record: HARBINGER MEDICAL,
INC., Attorney or Agent: Paul C. Onderick, Ex. Gp.: 3735

   6,905,587, Re. S.N. 13/463,110, May 03, 2012, Cl. 205/000,
METHOD FOR ENHANCING THE SOLDERABILITY OF A SURFACE, Ronald Redline,
et.al., Owner of Record: MacDermid, Inc, Attorney or Agent: Jennifer A.
Calcagni, Ex. Gp.: 1742

   7,251,235, Re. S.N. 13/351,588, Jan. 17, 2012, Cl. 370/000,
EVENT-BASED MULTICHANNEL DIRECT LINK, Menzo Wentink, Owner of Record:
XOCYST Transfer AG, LLC, Attorney or Agent: Paul S. Hunter, Ex. Gp.: 2473

   7,388,231, Re. S.N. 13/367,062, Feb. 06, 2012, Cl. 257/094,
SEMICONDUCTOR LIGHT EMITTING DEVICE, Takanobu Kamakura, Owner of Record:
Kabushi Kaisha Toshiba, Tokyo, JP, Attorney or Agent: Carl E. Schlier,
Ex. Gp.: 2811

   7,461,010, Re. S.N. 12/927,661, Nov. 12, 2010, Cl./Sub 705/026,
COMPUTER NETWORK METHOD FOR CONDUCTING PAYMENT OVER A NETWORK BY DEBITING
AND CREDITING TELECOMMUNICATION ACCOUNTS, Khai Hee Kwan, Owner of Record:
Inventor, Attorney or Agent: None, Ex. Gp: 3625

   7,596,086, Re. S.N.: 13/247,990, Sep. 28, 2011, Cl.: 370/412,
METHOD AND APPARATUS FOR PACKET TRANSMISSION WITH CONFIGURABLE ADAPTIVE
OUTPUT SCHEDULING, Xiaolin Wang, et.al., Owner of Record: West Lane Data
LLC, Las Vegas, NV, Attorney or Agent: Nicholas Lagerwall, Ex. Gp.: 2465

   7,607,874, Re. S.N.: 13/453,378, Apr. 23, 2012, Cl: 410/1307,
SYSTEM AND METHOD FOR PARTITIONING CARGO AREAS, Roger W. Nelson, et.al.,
Owner of Record: FG Products, Inc, Rice Lake, WI, Attorney or Agent:
Colin B. Harris, Ex. Gp.: 3612

   7,661,493, Re. S.N. 13/363,277, Jan. 31, 2012, Cl./Sub 180/019,
POWER ASSISTED STEERING FOR MOTORIZED PALLET TRUCK, Timothy L. Rose,
Owner of Record: NMHG Oregon, Inc., Portland, OR, Attorney or Agent:
Bryan D. Kirkpatrick, Ex. Gp: 3611

   7,664,956, Re. S.N. 13/397,620, Feb. 15, 2012, Cl./Sub 382/100,
METHOD AND SYSTEM FOR REAL-TIME CONTROL OF DOCUMENT PRINTING, Daniel I.
Goodman, Owner of Record: Alearo Properties Limited Liability Company,
Dover, DE, Attorney or Agent: Graciela G. Cowger, Ex. Gp: 2624

   7,688,388, Re. S.N. 13/436,710, Mar. 30, 2012, Cl. 348/558,
IMAGE PROCESSING METHOD AND DEVICE THEREOF, Tsui-Chin Chen, et.al.,
Owner of Record: NOVATEK MICROELECTRONICS CORP., Hsinchu, TW, Attorney
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 94 

or Agent: Jiawei Huang, Ex. Gp.: 2422

   7,704,466, Re. S.N. 13/454,905, Apr. 24, 2012, Cl. 423/350,
SELF-PROPAGATING COMBUSTION CYCLONE REACTOR, Yi-Shuen Wu, Owner of Record:
SUN MATERIALS TECHNOLOGY CO. LTD., Attorney or Agent: Kenneth H. Ohriner,
Ex. Gp.: 1736

   7,705,468, Re. S.N.: 13/448,631, Apr. 17, 2012, Cl.: 257/686,
STACKED SEMICONDUCTOR PACKAGE THAT PREVENTS DAMAGE TO SEMICONDUCTOR CHIP
WHEN WIRE-BONDING AND METHOD FOR MANUFACTURING THE SAME, Cheol Ho Joh,
Owner of Record: HYNIX SEMICONDUCTOR INC., Gyeonggi-do, KR, Attorney or
Agent: Loren K. Thompson, Ex. Gp.: 2811

   7,721,165, Re. S.N. 13/475,679, May 18, 2012, Cl. 714/718,
EXTERNAL STORAGE DEVICE AND MEMORY ACCESS CONTROL METHOD THEREOF, Takayuki
Tamura, et al., Owner of Record: Solid State Storage Solutions, Inc,
Attorney or Agent: Paul J. Skwierawski, Ex. Gp.: 2117

   7,754,867, Re. S.N. 13/471,899, May 15, 2012, Cl. 536/023,
NUCLEIC ACID MOLECULES ENCODING ANTI-P-SELECTIN ANTIBODIES, Yvo Graus, et
al., Owner of Record: Hoffmann-La Roche Inc, Nutley, NJ, Attorney or Agent:
Brian C. Remy, Ex. Gp.: 1635

   7,846,359, Re. S.N. 13/294,104, Nov. 10, 2011, Cl. 264/328,
MOULDING METHOD AND APPARATUS, David Barry, Owner of Record: Lomold
Corporation NV, Attorney or Agent: Mitchell W. Shapiro, Ex. Gp.: 1742

   7,881,724, Re. S.N. 13/476,961, May 21, 2012, Cl. 455/452,
ALLOCATING RADIO RESOURCES IN MOBILE COMMUNICATIONS SYSTEM, Sung-Jun Park,
et al., Owner of Record: LG Electronics, Inc, Seoul, KR, Attorney or Agent:
Harry S. Lee, Ex. Gp.: 2617

   7,916,759, Re. S.N. 13/475,829, May 18, 2012, Cl. 370/512,
METHOD OF GENERATING CODE SEQUENCE AND METHOD OF TRANSMITTING SIGNAL USING
THE SAME, Seung Hee Han, et al., Owner of Record: LG Electronics, Inc,
Seoul, KR, Attorney or Agent: Alexis Ann Liistro, Ex. Gp.: 2479

   7,953,061, Re. S.N. 13/476,973, May 21, 2012, Cl. 370/342,
METHOD FOR TRANSMITTING CONTROL SIGNAL USING EFFICIENT MULTIPLEXING,
Hak Seong Kim, et al., Owner of Record: LG Electronics, Inc, Seoul, KR,
Attorney or Agent: Harry S. Lee, Ex. Gp.: 2473

   8,040,846, Re. S.N. 13/476,982, May 21, 2012, Cl. 370/329,
METHOD FOR TRANSMITTING CONTROL CHANNEL IN A MOBILE COMMUNICATION SYSTEM,
Dong Wook Roh, et al., Owner of Record: LG Electronics, Inc, Seoul, KR,
Attorney or Agent: Harry S. Lee, Ex. Gp.: 2473

   8,054,791, Re. S.N. 13/476,949, May 21, 2012, Cl. 370/329,
METHOD AND PROCEDURES FOR UNSYNCHRONIZED, SYNCHRONIZED, AND SYNCHRONIZATION
STAND BY COMMUNICATIONS IN E-UTRA SYSTEMS, Dragan Vujcic, Owner of Record:
LG Electronics, Inc, Seoul, KR, Attorney or Agent: Harry S. Lee,
Ex. Gp.: 2473

   8,135,359, Re. S.N.: 13/461,337, May 01, 2012, Cl.: 455/000,
METHOD AND APPARATUS FOR CONVEYING ANTENNA CONFIGURATION, Bernhard Raaf,
et. al., Owner of Record: NOKIA CORPORATION, Espoo, FI, Attorney or Agent:
Guy R. Gosnell, Ex. Gp.: 2618
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 95 

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

   D. 638,857, Reexam. C.N. 90/012,265, Requested Date: May 1, 2012,
Cl. D15/006, Title: MOTORCYCLE CARBURETOR, Inventor: John M. Garrison et
al., Owners of Record: Midwest Motorcycle Supply Distributors,
Corp., Pevely, MO, Attorney or Agent: Thompson Coburn, LLP., St. Louis,
MO, Ex. Gp.: 2914, Requester: Matthew J. Gipson, Price Heneveld, LLP.,
Grand Rapids, MI

   5,343,445, Reexam. C.N. 90/012,249, Requested Date: Apr. 27, 2012,
Cl. 368/010, Title: ATHLETIC SHOE WITH TIMING DEVICE, Inventor: Erik B.
Cherdak, Owners of Record: Erik B. Cherdak, Gaithersburg, MD, Attorney or
Agent: Miller Miller & Canby, Rockville, MD, Ex. Gp.: 3992, Requester:
Josh Snider, Lathrop & Gage, LLP., Boulder, CO

   5,411,552, Reexam. C.N. 90/012,277, Requested Date: May 2, 2012,
Cl. 623/002, Title: VALVE PROSTHESIS FOR IMPLANTATION IN THE BODY AND A
CATHETER FOR IMPLANTING SUCH VALVE PROSTHESIS, Inventor: Henning R.
Andersen et al., Owners of Record: Edwards Lifesciences AG, Switzerland,
Attorney or Agent: Oblon Spivak McClelland Maier & Neustadt, LLP.,
Alexandria, VA, Ex. Gp.: 3993, Requester: Kevin W. McCabe, Sterne Kessler,
Goldstein & Fox, PLLC., Washington, DC

   5,795,587, Reexam. C.N. 90/012,280, Requested Date: May 3, 2012,
Cl. 424/450, Title: STABLE LIPID-COMPRISING DRUG DELIVERY COMPLEXES AND
METHODS FOR THEIR PRODUCTION, Inventor: Xiang Gao et al., Owners of Record:
University of Pittsburgh, Pittsburgh, PA, Attorney or Agent: Morgan &
Finnegan, New York, NY, Ex. Gp.: 3991, Requester: George Corrigan, Corrigan
Law Office, Appleton, WI

   5,824,729, Reexam. C.N. 90/012,259, Requested Date: May 2, 2012,
Cl. 524/437, Title: SILICONE RUBBER COMPOSITION, Inventor: Takao Matsushita
et al., Owners of Record: Dow Corning Toray Silicone Company, LTD., Japan,
Attorney or Agent: Dow Corning Corporation, Midland, MI, Ex. Gp.: 3991,
Requester: David L. Vanik, Baker Donelson Bearman Caldwell & Berkowitz, PC.,
Washington, DC

   6,174,075, Reexam. C.N. 90/012,279, Requested Date: May 3, 2012,
Cl. 362/310, Title: ILLUMINATED ORNAMENTATION/AMUSEMENT DEVICE,
Inventor: Michelle Jillian Fuwausa, Owners of Record: Ever Win International
Corporation, City of Industry, CA, Attorney or Agent: Ever Win International
Corporation, City of Industry, CA, Ex. Gp.: 3992, Requester: Daniel R. Brown,
Fort Worth, TX

   6,182,183, Reexam. C.N. 90/009,992, Requested Date: Apr. 13, 2012,
Cl. 710/305, Title: COMMUNICATIONS SYSTEM AND METHOD WITH MULTILEVEL
CONNECTION IDENTIFICATION, Inventor: Drew Eric Wingard et al., Owners of
Record: Sonics, Inc., Los Altos, CA, Attorney or Agent: Rutan & Tucker,
LLP., Costa Mesa, CA, Ex. Gp.: 3992, Requester: Jennifer Lacroix, DLA Piper,
LLP., Chicago, IL

   6,214,012, Reexam. C.N. 90/012,168, Requested Date: Apr. 29, 2012,
Cl. 606/093, Title: METHOD AND APPARATUS FOR DELIVERING MATERIAL TO A
DESIRED LOCATION, Inventor: Robert R. Karpman et al., Owners of Record:
Spine By Design, LLC., Phoenix, AZ, Attorney or Agent: Booth Udall, PLC.,
Tempe, AZ, Ex. Gp.: 3993, Requester: Todd Armstrong, Ph.D., Clark & Elbing,
LLP., Boston, MA

   6,252,527, Reexam. C.N. 90/012,274, Requested Date: Apr. 27, 2012,
Cl. 341/100, Title: INTERFACE UNIT FOR SERIAL-TO-PARALLEL CONVERSION
AND/OR PARALLEL-TO-SERIAL CONVERSION, Inventor: Yil-Suk Yang, Owners of
Record: Intellectual Ventures II, LLC., Wilmington, DE, Attorney or Agent:
Sterne Kessler Goldstein & Fox, PLLC., Washington, DC, Ex. Gp.: 3992,
Requester: David L. McCombs, Haynes & Boone, LLP., Dallas, TX

 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 96 

   6,387,295, Reexam. C.N. 90/012,255, Requested Date: May 8, 2012,
Cl. 252/062, Title: ALKALI METAL-CONTAINING NIOBATE-BASED PIEZOELECTRIC
MATERIAL COMPOSITION AND A METHOD FOR PRODUCING THE SAME, Inventor:
Yasuyoshi Saito, Owners of Record: Kabushiki Kaisha Toyota Chuo Kenkyusho,
Japan, Attorney or Agent: Oblon Spivak McClelland Maier & Neustadt, LLP.,
Alexandria, VA, Ex. Gp.: 3991, Requester: John E. Vanderburgh, Louisville,
KY

   6,583,816, Reexam. C.N. 90/012,275, Requested Date: Apr. 27, 2012,
Cl. 348/229, Title: IMAGING CIRCUIT AND METHOD OF SPATIAL COMPENSATION,
Inventor: Steven M. Domer et al., Owners of Record: Intellectual Ventures
II, LLC., Wilmington, DE, Attorney or Agent: McAndrews Held & Malloy, LTD.,
Chicago, IL, Ex. Gp.: 3992, Requester: David L. McCombs, Hayes & Boone,
LLP., Dallas, TX

   7,150,442, Reexam. C.N. 90/012,226, Requested Date: May 1, 2012,
Cl. 248/429, Title: ICE SHELTER MODULER SEATING SYSTEM, Inventor:
Ryan J. Kleckner, Owners of Record: Frabill, Inc., Jackson, WI, Attorney
or Agent: Davis & Kuelthau, SC., Milwaukee, WI, Ex. Gp.: 3993,
Requester: Clam Corporation, J. Scott Wickhem, Seager Tufte & Wickhem, LLC.,
Minneapolis, MN

   7,320,287, Reexam. C.N. 90/012,281, Requested Date: May 3, 2012,
Cl. 108/090, Title: TABLECLOTH COVERING AND METHOD OF COVERING AND SKIRTING
A TABLE, Inventor: Larry Edinger et al., Owners of Record: SMT Solutions,
Inc., Hackensack, NJ, Attorney or Agent: St. Onge Steward Johnston & Reens,
LLC., Stamford, CT, Ex. Gp.: 3993, Requester: Aaron Grunberger, Kenyon &
Kenyon, LLP., New York, NY

   7,461,353, Reexam. C.N. 90/009,994, Requested Date: Apr. 13, 2012,
Cl. 715/815, Title: SCALABLE DISPLAY OF INTERNET CONTENT ON MOBILE DEVICES,
Inventor: Gary B. Rohrabaugh et al., Owners of Record: Softview, LLC.,
Bellingham, WA, Attorney or Agent: Irell & Manella, LLP., Los Angeles, CA,
Ex. Gp.: 3992, Requester: Tracy W. Druce, Novak Druce & Quigg, LLP.,
Houston, TX

   7,574,272, Reexam. C.N. 90/012,284, Requested Date: May 7, 2012,
Cl. 700/094, Title: SYSTEM AND METHOD FOR DATA TRANSFER OPTIMIZATION IN A
PORTABLE AUDIO DEVICE, Inventor: Eric Paul Gibbs et al., Owners of Record:
Hunts Point Ventures, Inc., Seattle, WA, Attorney or Agent: Davis Wright
Tremaine, LLP., Seattle, WA, Ex. Gp.: 3992, Requester: G. Gregory Schivley,
Harness Dickey & Bloomfield Hills, MI

   7,610,932, Reexam. C.N. 90/012,283, Requested Date: May 4 2012,
Cl. 137/594, Title: FLUIDIC CARTRIDGES AND END PIECES THEREOF, Inventor:
Judd Dylan Olson et al., Owners of Record: Whirlpool Corporation, Benton
Harbor, MI, Attorney or Agent: Whirlpool Corporation, St. Joseph, MI,
Ex. Gp.: 3993, Requester: Swift Green Filters, Scott R. Hansen,
Fulwider Patton, LLP., Los Angeles, CA

   7,702,323, Reexam. C.N. 90/012,273, Requested Date: Apr. 26, 2012,
Cl. 455/420, Title: WIRELESS CONTROL SYSTEM, CONTROLLING DEVICE, CONTROLLED
DEVICES, METHOD OF CONTROLLING DEVICES, CONTROL PROGRAM, AND STORAGE MEDIUM
READABLE BY COMPUTER FOR STORING THE PROGRAM, Inventor: Kenji Sakamoto,
Owners of Record: Sharp Kabushki Kaisha, Japan, Attorney or Agent: Birch
Stewart Kolasch & Birch, Falls Church, VA, Ex. Gp.: 3992, Requester:
PATENT OWNER

   7,785,895, Reexam. C.N. 90/012,248, Requested Date: May 10, 2012,
Cl. 436/169, Title: METHOD AND DEVICE FOR MONITORING MEDICATION USAGE,
Inventor: Michael E.M. Larson et al., Owners of Record: Marshfield Clinic,
Marshfield, WI, Attorney or Agent: Quarles & Brady, LLP., Milwaukee, WI,
Ex. Gp.: 3991, Requester: David E. Heisey, Sheppard Mullin Richter &
Hampton, LLP., San Diego, CA

   7,991,764, Reexam. C.N. 90/012,282, Requested Date: May 4, 2012,
Cl. 707/713, Title: METHOD AND SYSTEM FOR COMMUNICATION, PUBLISHING,
SEARCHING, SHARING AND DYNAMICALLY, PROVIDING A JOURNAL FEED, Inventor:
Yogesh Chunilal Rathod, Owners of Record: Yogesh Chunilal Rathod,
Maharashtra, IN, Attorney or Agent: Jenkins Wilson Taylor & Hunt, PA.,
Durham, NC, Ex. Gp.: 3992, Requester: Jeffrey M. Weinick, Wolff & Samson,
PC., West Orange, NJ
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 97 

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

   6,349,053, Reexam. C.N.: 95/001,981, Requested Date: Apr. 27, 2012,
Cl.: 365/145, Title: SPIN DEPENDENT TUNNELING MEMORY, Inventor:
James M. Daughton et al., Owners of Record: NVE Corporation, Eden Prairie,
MN, Attorney or Agent: Kinney & Lange, PA., Minneapolis, MN, Ex. Gp.:
3992, Requester: Third Party Requester: Everspin Technologies, Inc.;
(Att'y Is: Naveen Modi, Finnegan Henderson Garrett & Dunner, LLP.,
Washington, DC), Real Party in Interest: Same As Third Party Requester

   6,841,754, Reexam. C.N.: 95/001,979, Requested Date: Apr. 25 2012,
Cl.: 219/121, Title: COMPOSITE ELECTRODE FOR A PLASMA ARC TORCH, Inventor:
David J. Cook et al., Owners of Record: Hypertherm, Inc., Hanover, NH,
Attorney or Agent: Proskauer Rose, LLP., Boston, MA, Ex. Gp.: 3993,
Requester: Third Party Requester: American Torch Tip, Co.; (Att'y Is:
Jason DeFrancesco, Brandenton, FL), Real Party in Interest: Same As Third
Party Requester

   7,060,900, Reexam. C.N.: 95/001,982, Requested Date: Apr. 27, 2012,
Cl.: 174/652, Title: SNAP ENGAGEMENT ELECTRICAL FITTING WITH FLANGELESS
CONNECTOR BODY, Inventor: Thomas J. Gretz, Owners of Record: Arlington
Industries, Inc., Scranton, PA, Attorney or Agent: The Jackson Patent Group,
Richmond, VA, Ex. Gp.: 3992, Requester: Third Party Requester: Bridgeport
Fittings, Inc.; (Att'y Is: John F. Klos, Briggs & Morgan, PA.,
Minneapolis, MN), Real Party in Interest: Same As Third Party Requester

   7,314,470, Reexam. C.N.: 95/001,972, Requested Date: Apr. 19, 2012,
Cl.: 606/185, Title: SCAR-FREE REMOVAL OF TATTOOS, Inventor: Wolfgang
Malodobry, Owners of Record: Barbara Simpson-Birks, France; Richard
Simpson-Birks, France, Attorney or Agent: Venable, LLP., Washington, DC,
Ex. Gp.: 3993, Requester: Third Party Requester: N. Danenberg Holdings
(2000) LTD.; (Att'y Is: Thomas F. Marsteller, Jr., Marsteller & Associates,
PC., Dallas, TX), Real Party in Interest: Same As Third Party Requester

   7,898,439, Reexam. C.N.: 95/001,974, Requested Date: Apr. 20, 2012,
Cl.: 340/999, Title: BICYCLE RENTAL SYSTEM AND STATION, Inventor:
Isabelle Bettez et al., Owners of Record: Isabelle Bettez, Canada;
Jean-Sebastien Bettez, Canada, Attorney or Agent: Wolf Greenfield & Sacks,
PC., Boston, MA, Ex. Gp.: 3992, Requester: Third Party Requester: Public
Bike System, Co.; (Att'y Is: Guy Yonay, Pearl Cohen Zedek Latzer,
New York, NY), Real Party in Interest: Same As Third Party Requester

   8,162,343, Reexam. C.N.: 95/001,978, Requested Date: Apr. 24, 2012,
Cl.: 280/276, Title: BICYCLE SUSPENSION SYSTEM, Inventor: Martin Weiss et
al., Owners of Record: SRAM, LLC., Chicago, IL, Attorney or Agent: SRAM,
LLC., Chicago, IL, Ex. Gp.: 3993, Requester: Third Party Requester: Shimano,
Inc.; (Att'y Is: David L. Tarnoff, Global IP Counselors, LLP., Washington,
DC), Real Party in Interest: Same As Third Party Requester
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 98 

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
                                 May 18, 2012
                            DUE TO FAILURE TO RENEW

Reg. Number                   Serial Number                     Reg. Date

2,497,540                      75/729,331                      10/16/2001
2,499,069                      75/912,777                      10/16/2001
3,006,027                      79/000,809                      10/11/2005
3,006,028                      79/000,842                      10/11/2005
2,995,373                      79/000,916                      09/13/2005
2,998,375                      79/000,925                      09/20/2005
3,004,541                      79/000,951                      10/04/2005
3,002,035                      79/000,977                      09/27/2005
2,998,377                      79/000,981                      09/20/2005
2,998,378                      79/001,008                      09/20/2005
3,004,544                      79/001,019                      10/04/2005
2,989,827                      79/001,026                      08/30/2005
2,989,828                      79/001,033                      08/30/2005
1,172,828                      73/169,344                      10/13/1981
1,173,164                      73/217,717                      10/13/1981
1,660,772                      73/821,767                      10/15/1991
1,661,097                      74/063,207                      10/15/1991
1,660,766                      74/117,029                      10/15/1991
2,498,523                      74/566,642                      10/16/2001
2,498,528                      74/695,086                      10/16/2001
2,497,391                      75/223,604                      10/16/2001
2,498,541                      75/228,701                      10/16/2001
2,498,546                      75/239,982                      10/16/2001
2,498,560                      75/311,070                      10/16/2001
2,498,571                      75/348,003                      10/16/2001
2,498,572                      75/348,004                      10/16/2001
2,498,573                      75/353,403                      10/16/2001
2,498,576                      75/361,889                      10/16/2001
2,498,582                      75/370,745                      10/16/2001
2,498,591                      75/391,816                      10/16/2001
2,497,403                      75/400,182                      10/16/2001
2,498,602                      75/419,371                      10/16/2001
2,498,611                      75/434,107                      10/16/2001
2,498,631                      75/474,632                      10/16/2001
2,498,632                      75/474,635                      10/16/2001
2,498,642                      75/490,503                      10/16/2001
2,498,643                      75/494,532                      10/16/2001
2,498,644                      75/496,221                      10/16/2001
2,498,647                      75/502,754                      10/16/2001
2,498,657                      75/519,995                      10/16/2001
2,498,658                      75/520,574                      10/16/2001
2,497,433                      75/528,374                      10/16/2001
2,497,444                      75/568,519                      10/16/2001
2,497,446                      75/570,758                      10/16/2001
2,497,451                      75/574,196                      10/16/2001
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 99 

2,498,696                      75/592,936                      10/16/2001
2,497,459                      75/601,859                      10/16/2001
2,498,704                      75/602,006                      10/16/2001
2,498,706                      75/603,033                      10/16/2001
2,498,709                      75/608,979                      10/16/2001
2,498,711                      75/612,273                      10/16/2001
2,497,466                      75/616,975                      10/16/2001
2,497,470                      75/621,173                      10/16/2001
2,497,472                      75/622,899                      10/16/2001
2,498,718                      75/624,673                      10/16/2001
2,498,726                      75/631,908                      10/16/2001
2,498,729                      75/633,281                      10/16/2001
2,498,731                      75/636,625                      10/16/2001
2,498,738                      75/647,334                      10/16/2001
2,497,498                      75/672,708                      10/16/2001
2,498,769                      75/673,530                      10/16/2001
2,498,770                      75/673,586                      10/16/2001
2,498,772                      75/674,942                      10/16/2001
2,497,504                      75/677,866                      10/16/2001
2,498,779                      75/679,403                      10/16/2001
2,499,197                      75/690,949                      10/16/2001
2,499,199                      75/691,966                      10/16/2001
2,497,514                      75/694,943                      10/16/2001
2,498,793                      75/695,424                      10/16/2001
2,498,794                      75/699,613                      10/16/2001
2,498,795                      75/699,851                      10/16/2001
2,498,801                      75/703,586                      10/16/2001
2,498,809                      75/707,658                      10/16/2001
2,498,810                      75/708,915                      10/16/2001
2,498,814                      75/711,086                      10/16/2001
2,497,531                      75/716,310                      10/16/2001
2,499,201                      75/723,279                      10/16/2001
2,498,838                      75/729,667                      10/16/2001
2,498,845                      75/735,346                      10/16/2001
2,498,846                      75/735,411                      10/16/2001
2,498,855                      75/738,643                      10/16/2001
2,498,860                      75/742,362                      10/16/2001
2,497,547                      75/742,673                      10/16/2001
2,498,862                      75/744,505                      10/16/2001
2,497,551                      75/746,698                      10/16/2001
2,497,555                      75/747,465                      10/16/2001
2,498,880                      75/758,916                      10/16/2001
2,497,567                      75/767,252                      10/16/2001
2,497,572                      75/772,621                      10/16/2001
2,497,575                      75/775,874                      10/16/2001
2,498,897                      75/777,234                      10/16/2001
2,497,586                      75/787,371                      10/16/2001
2,498,912                      75/789,967                      10/16/2001
2,498,916                      75/792,616                      10/16/2001
2,497,594                      75/793,218                      10/16/2001
2,497,595                      75/793,520                      10/16/2001
2,498,920                      75/795,944                      10/16/2001
2,497,599                      75/800,864                      10/16/2001
2,497,602                      75/807,432                      10/16/2001
2,497,604                      75/808,267                      10/16/2001
2,499,207                      75/808,746                      10/16/2001
2,498,932                      75/809,697                      10/16/2001
2,497,608                      75/810,914                      10/16/2001
2,498,948                      75/824,521                      10/16/2001
2,499,209                      75/829,690                      10/16/2001
2,498,973                      75/841,628                      10/16/2001
2,497,664                      75/841,643                      10/16/2001
2,497,665                      75/841,849                      10/16/2001
2,498,977                      75/842,470                      10/16/2001
2,497,667                      75/842,770                      10/16/2001
2,497,670                      75/844,701                      10/16/2001
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 100 

2,498,985                      75/847,754                      10/16/2001
2,498,986                      75/848,057                      10/16/2001
2,498,989                      75/852,497                      10/16/2001
2,497,705                      75/863,170                      10/16/2001
2,499,221                      75/865,688                      10/16/2001
2,497,712                      75/866,675                      10/16/2001
2,497,717                      75/874,227                      10/16/2001
2,499,017                      75/874,555                      10/16/2001
2,497,721                      75/879,241                      10/16/2001
2,499,027                      75/880,980                      10/16/2001
2,497,725                      75/881,049                      10/16/2001
2,497,728                      75/881,925                      10/16/2001
2,497,730                      75/883,072                      10/16/2001
2,497,736                      75/884,512                      10/16/2001
2,497,747                      75/888,547                      10/16/2001
2,497,751                      75/890,951                      10/16/2001
2,497,759                      75/894,185                      10/16/2001
2,499,047                      75/896,018                      10/16/2001
2,497,764                      75/897,563                      10/16/2001
2,497,766                      75/898,066                      10/16/2001
2,499,050                      75/898,232                      10/16/2001
2,497,768                      75/898,247                      10/16/2001
2,499,054                      75/900,790                      10/16/2001
2,499,057                      75/901,960                      10/16/2001
2,499,059                      75/902,529                      10/16/2001
2,497,784                      75/906,441                      10/16/2001
2,499,062                      75/906,898                      10/16/2001
2,499,063                      75/906,938                      10/16/2001
2,499,064                      75/907,164                      10/16/2001
2,497,787                      75/909,129                      10/16/2001
2,499,065                      75/909,345                      10/16/2001
2,497,792                      75/911,024                      10/16/2001
2,497,800                      75/913,085                      10/16/2001
2,497,802                      75/913,578                      10/16/2001
2,499,225                      75/913,801                      10/16/2001
2,497,804                      75/913,901                      10/16/2001
2,499,074                      75/915,240                      10/16/2001
2,497,837                      75/925,723                      10/16/2001
2,497,850                      75/928,815                      10/16/2001
2,497,852                      75/929,393                      10/16/2001
2,499,089                      75/929,650                      10/16/2001
2,499,096                      75/943,896                      10/16/2001
2,497,894                      75/979,811                      10/16/2001
2,499,111                      75/980,863                      10/16/2001
2,499,116                      76/001,387                      10/16/2001
2,497,900                      76/002,503                      10/16/2001
2,497,901                      76/002,505                      10/16/2001
2,499,125                      76/014,754                      10/16/2001
2,497,924                      76/016,795                      10/16/2001
2,499,131                      76/021,315                      10/16/2001
2,499,132                      76/022,477                      10/16/2001
2,497,936                      76/023,882                      10/16/2001
2,497,941                      76/025,460                      10/16/2001
2,497,945                      76/028,362                      10/16/2001
2,497,959                      76/035,193                      10/16/2001
2,497,964                      76/038,210                      10/16/2001
2,497,967                      76/040,523                      10/16/2001
2,499,144                      76/048,072                      10/16/2001
2,499,147                      76/049,936                      10/16/2001
2,497,990                      76/052,819                      10/16/2001
2,499,150                      76/055,122                      10/16/2001
2,497,998                      76/057,039                      10/16/2001
2,498,010                      76/062,051                      10/16/2001
2,499,240                      76/062,794                      10/16/2001
2,498,021                      76/070,009                      10/16/2001
2,498,022                      76/070,119                      10/16/2001
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 101 

2,498,039                      76/077,858                      10/16/2001
2,498,043                      76/080,112                      10/16/2001
2,499,241                      76/080,342                      10/16/2001
2,498,054                      76/084,379                      10/16/2001
2,498,064                      76/088,206                      10/16/2001
2,498,077                      76/095,949                      10/16/2001
2,498,086                      76/101,052                      10/16/2001
2,499,244                      76/102,755                      10/16/2001
2,498,099                      76/106,800                      10/16/2001
2,498,110                      76/110,064                      10/16/2001
2,498,115                      76/110,873                      10/16/2001
2,498,134                      76/115,724                      10/16/2001
2,498,139                      76/116,164                      10/16/2001
2,498,147                      76/118,240                      10/16/2001
2,498,151                      76/119,977                      10/16/2001
2,498,172                      76/127,447                      10/16/2001
2,498,189                      76/129,806                      10/16/2001
2,498,196                      76/131,453                      10/16/2001
2,498,216                      76/133,525                      10/16/2001
2,498,234                      76/136,125                      10/16/2001
2,498,247                      76/140,523                      10/16/2001
2,498,250                      76/141,207                      10/16/2001
2,498,270                      76/145,697                      10/16/2001
2,498,273                      76/145,964                      10/16/2001
2,498,280                      76/148,211                      10/16/2001
2,498,284                      76/148,915                      10/16/2001
2,498,285                      76/148,939                      10/16/2001
2,498,302                      76/152,450                      10/16/2001
2,498,314                      76/155,983                      10/16/2001
2,498,315                      76/155,984                      10/16/2001
2,498,335                      76/157,924                      10/16/2001
2,498,342                      76/159,953                      10/16/2001
2,498,345                      76/160,458                      10/16/2001
2,498,349                      76/160,494                      10/16/2001
2,498,351                      76/160,730                      10/16/2001
2,498,382                      76/168,331                      10/16/2001
2,498,413                      76/183,806                      10/16/2001
2,498,435                      76/211,407                      10/16/2001
2,499,174                      78/009,664                      10/16/2001
2,498,459                      78/013,546                      10/16/2001
2,498,465                      78/015,716                      10/16/2001
2,498,480                      78/025,749                      10/16/2001
2,498,481                      78/027,010                      10/16/2001
2,498,486                      78/028,954                      10/16/2001
2,498,492                      78/030,387                      10/16/2001
2,498,504                      78/032,717                      10/16/2001
2,498,514                      78/034,093                      10/16/2001
2,498,521                      78/037,283                      10/16/2001
1,617,258                      73/807,929                      10/16/1990
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 102 

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.

Stefan Behmer, ZšRICH, SWITZERLAND, GERMANY, Registration No. 3468124 for the
mark "GATSBY", Cancellation No. 92055157.

                                                                TINA CRAVEN
                                                       Paralegal Specialist
                                      Trademark Trial and Appeal Board, for
                                                            DEBORAH S. COHN
                                                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.

Placer Vineyards, LLC, Roseville, CA, Registration No. 3208936 for the mark
"V", Cancellation No. 92055171.

                                                              MONIQUE TYSON
                                                       Paralegal Specialist
                                      Trademark Trial and Appeal Board, for
                                                            DEBORAH S. COHN
                                                Commissioner for Trademarks


                            Service by Publication

   Petitioner's copy of the petition to cancel was sent to registrant at the
last known address but was 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.

Jeb Industry, Inc. d/b/a Jeb Industries, Garden Grove, CA, Registration
No. 3418860 for the mark "MAN UP", Cancellation No. 92055194.

                                                           MILLICENT CANADY
                                                       Paralegal Specialist
                                      Trademark Trial and Appeal Board, for
                                                            DEBORAH S. COHN
                                                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.

American Air Testing, Cape Coral, FL, Registration No. 3694446 for the mark
"AMERICAN AIR TESTING", Cancellation No. 92055212.

                                                            LALITA R. GREER
                                                       Paralegal Specialist
                                      Trademark Trial and Appeal Board, for
                                                            DEBORAH S. COHN
                                                Commissioner for Trademarks
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 103 

37 CFR 1.47 Notice by Publication
                       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 the inventor. The petition has been granted. A notice has been
sent to the last known address of the non-signing inventor, Olivier
EINFINGER. 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/EP2010/001975
and was filed 29 March 2010 in the name of Olivier EINFINGER for the
invention entitled CLUTCH PRESSURE CONTROL DEVICE. The national stage number
is 13/259,434 and has a 35 U.S.C. 371(c) date of 20 April 2012.


                       37 CFR 1.47 Notice of 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 addresses of the non-signing inventors. The
inventors whose signatures are missing (Patrick Glynn and Neil Parkinson)
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/AU2010/001035 and was filed 13 August 2010 in the names of Patrick
Glynn and Neil Parkinson for the invention entitled THERMAL ENERGY STORAGE
APPARATUS, ARRANGEMENT AND METHOD. The national stage number is 13/390,357
and has a 35 U.S.C. 371(c) date of 09 May 2012.


                       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 a joint inventor. 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 (Anders MURMAN) 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/EP2009/055488
and was filed on May 6, 2009. The inventors named during the international
phase were Caterina BRUSASCO and Anders MURMAN, for the invention entitled
DEVICE AND METHOD FOR 3D DOSE TRACKING IN RADIATION THERAPY. The national
stage application number is 12/991,386 and has a 35 U.S.C. 371(c)(1), (2)
and (4) date of 30 June 2011.


                       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 (Massimiliano Sala) 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/EP2010/062664
and was filed on 31 August 2010 in the names Edoardo Menozzi; Massimiliano
Sala Anna Bassi; Holger Hoppe; Bjorn Lodolf and Gerard Lips for the
invention entitled STERICALLY HINDERED AMINE STABILIZER. The national stage
application number is 13/394,431 and has a 35 U.S.C. 371 date of 14 May
2012.


                       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 (Olga Kryliouk) 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/US10/43993
and was filed on 30 July 2010 in the names of Jie Su, Olga Kryliouk, Yurly
Melnik, Hidehiro Kojiri, Lu Chen and Tetsuya Ishikawa entitled LIGHT
EMITTING DIODE WITH ENHANCED QUANTUM EFFICIENCY AND METHOD OF FABRICATION.
The national stage application is assigned number 13/387,713 and has a 35
U.S.C. 371(c) date of 09 April 2012.
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 104 

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 July 1, 2012 at the
following address: Mail Stop OED United States Patent and Trademark Office
P.O. Box 1450 Alexandria VA 22314.

Button, Scott Vincent, 226 West 138th Street, New York, NY  10030

Byrne, Sabrina Bably, 202 Rigby Court, Warner Robins, GA  31088-2023

Crush, Sarah Marie, 6239 Palmera Drive, Mason, OH  45040

DePolo, Nicholas James, 964 Santa Estella, Solana Beach, CA  92075

Forman, Scott Ira, 29 Nautilus Avenue, Plainview, NY  11803

Hache, Guylaine, Ropes & Gray, Prudential Tower, 800 Boylston Street,
Boston, MA  02199-3600

Hartman, Matthew George, Akin Gump Strauss Hauer and Feld, 2001 Market
Street #4100, Philadelphia, PA  19103-7029

Hopper, Darrin William, Sterne, Kessler, Goldstein Fox P.L.L.C., 1100 New
York Ave., NW, Washington, DC  20005

Jurkiw, Renee Rachel, 54289 Lily Drive, Macomb, MI  48042

Lotzow, Christopher Robert, 1121 East US Hwy 36, Bainbridge, IN  46105

Lower, Robert Bruce, 5 S Jefferson Street, Lexington, VA  24450

Nelson, Seth Evan, 652 Stanyan Street, San Francisco, CA  94117

Neville, Adam Timothy, 544 North Alma School Road, #29, Mesa, AZ  85201

Miron, Mathieu, Benoit & Cote, Associes Inc., 1550 Metcalfe, Bureau 800,
Montreal, Que., H3A 3P1 Canada

Nugent, Nicholas James, MH2 Technology Law Group, LLP, 1951 Kidwell Drive,
Suite 550, Tysons Corner, VA  20171

Oberkfell, Melissa Jane, 778 Sylvania Trail, Mableton, GA  30126

Presley, Andrew David, Kilpatrick Townsend & Stockton LLP, 2175 North
California Boulevard, Suite 600, Walnut Creek, CA  94596

Samz, Stephanie Frances, McAndrews, Held & Malloy Ltd., 500 West Madison
Street, 34th Floor, Chicago, IL  60661

Sanchez, Jeffrey Michael, Parsons Behle & Latimer, 201 South Main Street,
#1800, Salt Lake City, UT  84111

Siegal, Kyle Nathan, 412 E 4th Street, Tucson, AZ  85705

Treece, Randolph Edward, 13451 Shoshone Street, Westminster, CO  80234

Zinsli, Cameron Allen, 1619 South Zillah Street, Kennewick, WA  99337

May 17, 2012                                               WILLIAM R. COVEY
                   Deputy General Counsel for Enrollment and Discipline and
                                      Director of Enrollment and Discipline
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 105 

Notice of Suspension
                             Notice of Suspension

   This notice concerns Michelle A. Gallagher (f.k.a. Michelle A.
Massicotte), an attorney licensed to practice law by the Commonwealth of
Massachusetts. Ms. Massicotte is not a registered patent practitioner and
is not authorized to practice patent law before the USPTO. The United
States Patent and Trademark Office ("USPTO" or "Office") has suspended
Ms. Massicotte for twenty-four (24) months for violating 37 C.F.R. §§ 10.23
(b)(4), (b)(5), and (b)(6) by giving false or misleading information to the
Office; 37 C.F.R. § 10.77(c) by neglecting a matter entrusted to
Ms. Massicotte; and 37 C.F.R. § 10.84(a) by failing to seek the lawful
objectives of a client through reasonable available means permitted by law.
Under the terms of the settlement agreement, Ms. Massicotte is eligible to
file a petition requesting reinstatement after serving two (2) months of her
24 month suspension, and, if reinstated, Ms. Massicotte will be permitted
to practice trademark and other non-patent law before the Office provided
that she otherwise satisfies the conditions of 37 C.F.R. § 11.14(a) and
unless subsequently suspended by order of the USPTO Director. Ms. Massicotte
is also required to serve a probationary period.

   The aforementioned Disciplinary Rule violations are predicated upon Ms.
Massicotte having provided the Office with false or misleading information
in connection with petitions to revive three abandoned trademark
applications.

   In agreeing to the above-described sanction, the OED Director took into
account that (1) Ms. Massicotte has no prior disciplinary history before
the Office during the over twelve years she has been licensed to practice
law, (2) the basis for the misconduct appears to have been aberrational,
(3) Respondent represents that the abandonment of the trademark applications
was unintentional, (4) Ms. Massicotte provided evidence sufficient to
satisfy the OED Director that there was a nexus between Respondent's conduct
in the above-referenced matters and an existing medical condition, namely:
at all relevant times, Respondent was enduring a high-risk pregnancy with
complications, and (5) she cooperated fully with the Office of Enrollment
and Discipline during the investigation and resolution of this matter.

   This action is the result of a settlement agreement between Ms.
Massicotte and the OED Director pursuant to the provisions of 35 U.S.C.
§§ (b)(2)(D) and 32 and 37 C.F.R. §§ 11.20, 11.26, and 11.59. Disciplinary
decisions involving practitioners are posted for public reading at the
Office of Enrollment and Discipline Reading Room located at:
http://des.uspto.gov/Foia/OEDReadingRoom.jsp.

May 16, 2012                                                 JAMES O. PAYNE
                                     Deputy General Counsel for General Law
                                  United States Patent and Trademark Office

                                                               on behalf of

                                                            DAVID M. KAPPOS
                  Under Secretary of Commerce for Intellectual Property and
                  Director of the United States Patent and Trademark Office
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 106 

Request for Comments on the Recommendation for the Disclosure of Sequence Listings Using XML (Proposed ST.26)
                            DEPARTMENT OF COMMERCE
                   United States Patent and Trademark Office
                                37 CFR Part 1
                         [Docket No.: PTO-P-2012-2018]

              Request for Comments on the Recommendation for the
                        Disclosure of Sequence Listings
                          Using XML (Proposed ST.26)

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for comments.

SUMMARY: The United States Patent and Trademark Office (Office) is
seeking comments to obtain views of the public on the international
effort to revise the standard for the presentation of nucleotide and/or
amino acid sequences and the consequent changes to the United States
rules of practice. The standard is being revised to require the use of
extensible mark-up language (XML) format, to update the standard, and
to more closely align requirements of the standard with those of public
sequence database providers. Comments may be offered on any aspect of
this effort.

DATES: Written comments must be received on or before July 16, 2012 to
ensure consideration. No public hearing will be held.

ADDRESSES: Comments concerning this notice should be sent by electronic
mail message over the Internet addressed to seq_listing_xml@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 Susan C. Wolski,
Office of Patent Cooperation Treaty Legal Administration, Office of the
Associate Commissioner for Patent Examination Policy. Although comments
may be submitted by mail, the Office prefers to receive comments via
the Internet.
   The 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
Internet (http://www.uspto.gov). Because comments will be made
available for public inspection, information that the submitter does
not desire to make public, such as an address or phone number, should
not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Susan C. Wolski, Office of Patent
Cooperation Treaty Legal Administration, Office of the Deputy
Commissioner for Patent Examination Policy, by telephone at (571) 272-
3304, or by mail addressed to: Mail Stop Comments - Patents,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450,
marked to the attention of Susan C. Wolski.

SUPPLEMENTARY INFORMATION:

1. Background Information

   Patent applicants are currently required to submit biological
sequence data in a standardized electronic format in accordance with
World Intellectual Property Organization (WIPO) Standard ST.25, both
within the framework of the Patent Cooperation Treaty (PCT) (Annex C of
the Administrative Instructions) and under most national and regional
provisions. The Rules of Patent Practice in the United States (37 CFR
1.821-1.825) are substantively consistent with WIPO ST.25.
   WIPO ST.25, which became effective in 1998 and has not been revised
since that time, requires a flat file structure of numeric identifiers
using a limited set of character codes. In October 2010, the Committee
on WIPO Standards (CWS) established a Task Force, designating the
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 107 

European Patent Organization (EPO) as the lead, to propose a revised
standard for the filing of nucleotide and/or amino acid sequence
listings in XML format (hereinafter referred to as "the XML standard").
The work of the Task Force is accomplished through online collaboration,
restricted to Task Force members only, via the WIPO Web site. The XML
standard (tentatively designated WIPO ST.26) is composed of three
documents, namely, the main body of the standard, a first annex setting
forth the controlled vocabularies for use with the sequence part of the
standard, and a second annex setting forth the Document Type Definition
(DTD) for the standard. Five rounds of comment/revision have taken place
since March 2011, and discussion of the documents is ongoing.
   It is expected that the XML standard will be adopted at a meeting
of the CWS in early 2013. However, no decision has been made as to when
it will enter into force for PCT purposes, and consequently, for
national and regional offices. The work of the Task Force and issues
pertaining to transitioning to the XML standard were discussed at the
Nineteenth Session of the Meeting of International Authorities (MIA)
(February 8-10, 2012). The Meeting agreed that the Task Force will
look at the feasibility of developing a tool that would allow for the
easy and complete conversion of sequence listings filed in one format
(ST.25 or XML) into the other. Thereafter, the appropriate PCT bodies
should commence a discussion on the most appropriate mechanism for
transition from ST.25 to the XML standard. See the Meeting Summary
available at
http://www.wipo.int/edocs/mdocs/pct//en/pct_mia_19/pct_mia_19_13.pdf.

2. Request for Comments

   The Office, leading the negotiations for the United States, is seeking
public comment on the current version of the main body of the standard and
its two annexes. The text of the current draft of the proposed main body
of the sequence listing standard, with its associated Annexes, is available
via the Office's Web site at
http://www.uspto.gov/patents/law/comments/sequence_listings.jsp. The
documents are: Recommmendation for the disclosure of sequence listings
using XML (Proposed ST.26); Annex B.1. Controlled vocabularies; and
ST26SequenceListing-v1-0.
   In light of the likely adoption of this standard in early 2013, the
Office desires to ensure that the XML standard is disseminated as widely
as possible and the opportunity to provide comments is correspondingly
comprehensive. Written comments may be offered on any aspect of the
proposed standard or Annexes, transition issues, or expected implementation
in the United States. Comments are specifically requested on the following
issues:

   (1) Comprehensiveness and Clarity. One goal of the development of a
WIPO Standard for sequence listings is to allow patent applicants to
draw up a single sequence listing in a patent application that would be
acceptable for the purposes of both international and national or
regional prosecution. Any new standard should represent the maximum
requirements for any sequence listing submission, and each national and
regional office requiring compliance with the XML standard should have
consistent interpretations of the standard.
   The Office invites comments on whether the main body of the standard
is sufficiently comprehensive and clear to achieve this goal, and in
particular welcomes suggestions to add details or clarify the language
as appropriate.

   (2) Absence of PCT Procedure. Currently, ST.25 includes both
substantive and procedural requirements for sequence listings because
it fully incorporates PCT Adminstrative Instructions Annex C. The XML
standard will be limited to substantive requirements, consisting of a
general information part (to include information sufficient to identify
the application of which it is a part) and a sequence data part (to
include technical information pertaining to each sequence in the
listing). It is expected that the PCT Administrative Instructions will
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 108 

be revised to separately specify procedural requirements pertaining to
sequence listings filed under the XML standard in international
applications. As an example, the XML standard itself will not require
translation of free text that is in a non-English language to be
included within the text of the application disclosure. However,
international, national and regional offices would be free to make such
a requirement.
   The Office invites comments as to whether the XML standard includes
any unnecessary procedural requirements or excludes any procedural
requirements that should be retained.

   (3) Feature Keys and Qualifiers. ST.25 uses a controlled vocabulary
of feature keys to describe nucleic acid and amino acid sequences, with
a very limited set of controlled vocabulary to further describe certain
features. The XML standard includes, in addition to feature keys, a
significant number of the qualifiers for the description of nucleotide
sequences agreed upon by the International Nucleotide Sequence Database
Collaboration (INSDC). Note that the XML standard does not include
feature keys and qualifiers that are not relevant for patent data
purposes. The XML standard also includes four qualifiers for amino
acids. These feature keys and qualifiers form part of Annex B.1.
   The INSDC revises feature keys and qualifiers on an occasional
basis (i.e., there is no set schedule). While the goal of requiring
INSDC feature keys and qualifiers is to improve compatibility with the
public sequence database providers, it is not clear how often the
international, national, and regional offices will be able to update
submission software and procedures or rules to accommodate such changes.
   Public comment is invited with regard to any feature keys or
qualifiers that are not clear, or that are optional and should be
mandatory (or vice versa). Comments are also welcome regarding how
frequently WIPO should consider updating these feature keys and
qualifiers, recognizing the impact this will have on the Office rules.

   (4) Definition of a Sequence for which a Sequence Listing is
Required. The XML standard revises the definition of a sequence for
which a sequence listing is required. The following list sets forth the
more significant differences from ST.25.
   (a) Prohibited sequences. ST.25 describes sequences for which a
sequence listing is not required, but does not specifically prohibit
the presentation of such sequences. In contrast, the XML standard
(paragraph 4) prohibits the inclusion of any branched nucleotide or
amino acid sequences or any sequences with fewer than ten specifically
defined nucleotides or fewer than four specifically defined amino
acids.
   (b) Modified nucleotides. ST.25 specifies that sequences comprising
nucleotides other than those listed in Appendix 2, Tables 1 and 2, are
specifically excluded from the definition of sequences for which a
sequence listing must be provided. In contrast, the XML standard
(paragraph 5) does not contain this exclusion, and specifies inclusion
of sequences containing any nucleotides that can be represented using
any of the symbols set forth in Annex B.1, paragraph 1, Table 1. This
includes nucleotides that may contain, inter alia, a modified or
synthetic purine or pyrimidine base; a modified or synthetic ribose or
deoxyribose, or a modified or synthetic 3' to 5' internucleotide
linkage, i.e., any chemical moiety that provides the same structural
function as the phosphate moiety of DNA or RNA.
   (c) D-amino acids. ST.25 specifies that sequences containing at
least one D-amino acid are specifically excluded from the definition of
sequences for which a sequence listing must be provided. In contrast,
pursuant to the XML standard (paragraph 6), any unbranched sequences
containing four or more specifically defined amino acids would be
required to be included in a sequence listing, regardless of whether
that sequence contains any D-amino acids.
   (d) Variants. ST.25 does not specifically address how variants are
to be represented in a sequence listing. The XML standard specifies how
variants are to be represented. See paragraph 58 which reads as follow:
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 109 


   58. A variant sequence disclosed by enumeration of its residues
and encompassed by paragraph 4 must be assigned its own sequence
identification number and be presented in the sequence listing. A
specific variant, i.e., deletion, addition, or substitution,
disclosed only by reference to a disclosed primary sequence in the
sequence listing, must be presented in the sequence listing either
as a separate sequence assigned its own sequence identification
number or by annotation of the primary sequence with appropriate
feature keys and qualifiers. A specific variant containing multiple
variations from the primary sequence at distinct locations, where
the variations at each location only occur together, must be
presented in the sequence listing as a separate sequence assigned
its own sequence identification number.

   The Office requests comments on whether these changes as set forth
in paragraphs (a) through (d) above are desirable, and what
difficulties, if any, are likely to be faced in complying with the
definition in the XML standard.

   (5) Publications (references). ST.25 provided for the inclusion of
publication information (i.e., references to relevant prior
publications) in numeric identifiers <300>-312>. The XML standard does
not provide for such references.
   The Office invites comments as to whether there is any perceived
detriment due to the non-inclusion of such publications or references
in the sequence listing.

   (6) Transition Issues. Transition to the XML standard will require
Office analysis of the time frame required to update systems to
receive, process, and search sequence listings filed under the
standard. The date of entry into force may be as long as two or three
years after adoption of the new standard; however, as noted above,
discussions within the Task Force and WIPO are continuing. Current
thinking in the Office is that it would be preferable to have a clean
transition from current WIPO Standard ST.25 to the XML Standard. This
would be accomplished by having the XML Standard enter into force for
PCT purposes (and correspondingly, for US applications at the same time)
at a particular date in the future (e.g., after such date, all sequence
listings filed for the first time in an application (including a
continuation, continuation-in-part, and a divisional) would have to be
filed in compliance with that new standard).
   (a) The Office invites comments regarding how much time is likely
to be needed for applicants to transition to the XML standard (with the
assumption that sequence listing authoring software will be publicly
available).
   (b) Given the divergent requirements of the proposed XML standard
and ST.25 as described above, the Office invites comments on what
difficulties an applicant should anticipate if national or regional
offices required compliance with different standards (i.e., ST.25 and
XML). Will the existence of separate authoring tools for each of the
standards mitigate such difficulties?

May 9, 2012                                                 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 June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 110 

Changes in Requirements for Specimens and for Affidavits or Declarations of Continued Use or Excusable Nonuse in Trademark Cases
                            DEPARTMENT OF COMMERCE
                   United States Patent and Trademark Office
                             37 CFR Parts 2 and 7
                          Docket No. PTO-T-2010-0073
                                 RIN 0651-AC49

                Changes in Requirements for Specimens and for
                Affidavits or Declarations of Continued Use or
                      Excusable Nonuse in Trademark Cases

AGENCY: United States Patent and Trademark Office, Commerce

ACTION: Final Rule

SUMMARY: In order to help assess and ensure the accuracy of the trademark
register, the United States Patent and Trademark Office ("USPTO") is
revising the Trademark Rules of Practice and the Rules of Practice for
Filings Pursuant to the Madrid Protocol to allow the USPTO to: upon request,
require any additional specimens, information, exhibits, and affidavits or
declarations deemed reasonably necessary to examine a post registration
affidavit or declaration of continued use or excusable nonuse in trademark
cases, and for a two-year period, conduct a pilot program for the USPTO to
assess the accuracy and integrity of the register; and upon request, require
more than one specimen in connection with a use-based trademark
application, an allegation of use, or an amendment to a registered mark.
These revisions aim to ensure the ability to rely on the trademark register
as an accurate reflection of marks that are actually in use in the United
States for the goods/services identified in the registration, and thereby
reduce costs and burdens on the public.

   The Trademark Act gives the Director discretion regarding the number of
specimens to require. Moreover, it requires applicants to comply with rules
as prescribed by the Director. Additionally, the Director and USPTO may
establish regulations governing the conduct of proceedings in the Office.
The current Trademark Rules of Practice and Madrid Rules require the
submission of one specimen per class in connection with use-related filings
and one specimen in connection with the amendment to a registered mark. In
addition, although the current rules allow the USPTO to require additional
information or exhibits deemed reasonably necessary to the examination of a
pending application, no counterpart rule exists in the post registration
context to facilitate proper examination of an affidavit or declaration of
continued use or excusable nonuse. The rule changes will allow the USPTO to
require additional proof of use of a mark when deemed reasonably necessary
for examination of a use-related filing in a particular application or
registration.

   The rule changes also will allow the USPTO to conduct a limited-duration
pilot program to verify the accuracy of post registration claims that a
trademark is in use on particular goods/services. In conducting the pilot,
the USPTO intends to randomly select approximately 500 trademark
registrations for which Section 8 or 71 affidavits are being filed and issue
an Office action requiring proof of use of the mark on two additional
goods/services per class. As the pilot will be conducted over a two-year
period with the filing of Section 8 or 71 affidavits, the USPTO is amending
the rulemaking to indicate that the language authorizing the USPTO to assess
the accuracy and integrity of the register will expire two years after the
effective date of the final rule and only apply to Section 8 or 71
affidavits. Although the USPTO is sunsetting its authority to randomly ask
for additional proof of use, it is maintaining authority to probe accuracy
when reasonably necessary for proper examination of a particular application
or registration. The rule changes will facilitate an assessment of the
reliability of the trademark register in this regard, so that the USPTO and
stakeholders may determine whether and to what extent a general problem may
exist and consider measures to address it, if necessary.

 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 111 

DATES: This rule is effective on June 21, 2012.

FOR FURTHER INFORMATION: Contact Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, by telephone at
(571)272-8742.

SUPPLEMENTARY INFORMATION

General Information

   To benefit the public, the USPTO is revising the Trademark Rules of
Practice (37 CFR Part 2) and the Rules of Practice for Filings Pursuant to
the Madrid Protocol ("Madrid Rules") (37 CFR Part 7) to allow the USPTO to:
(1) upon request, require any specimens, information, exhibits, and
affidavits or declarations deemed reasonably necessary to examine a post
registration affidavit or declaration of continued use in trademark cases,
and assess the accuracy and integrity of the register; and (2) upon request,
require more than one specimen in connection with a use-based trademark
application, an allegation of use, or an amendment to a registered mark.

   The revisions will facilitate the USPTO's ability to verify the accuracy
of identifications of goods/services. The accuracy of the trademark register
as a reflection of marks that are actually in use in the United States for
the goods/services identified in the registration serves an important
purpose for the public. The public relies on the register to clear
trademarks that they may wish to adopt or are already using. Where a party
searching the register uncovers a similar mark, registered for goods or
services that may result in confusion of consumers, that party may incur a
variety of resulting costs and burdens, such as changing plans to avoid use
of the mark, investigative costs to determine how the similar mark is
actually used and assess the nature of any conflict, or cancellation
proceedings or other litigation to resolve a dispute over the mark. If
a registered mark is not actually in use in the United States, or is not in
use on all the goods/services recited in the registration, these types of
costs and burdens may be incurred unnecessarily. Thus, accuracy and
reliability of the trademark register help avoid such needless costs and
burdens, and thereby benefit the public.

   Specimens of use in use-based trademark applications illustrate how the
applicant is using the proposed mark in commerce on particular goods/
services identified in the application. Post registration affidavits or
declarations of use and their accompanying specimens demonstrate a
trademark owner's continued use of its mark in commerce for the goods/
services in the registration. As part of a pilot program to assess the
accuracy of the identifications of goods/services of currently registered
marks, the USPTO anticipates issuing requirements for additional proof of
use in conjunction with the review of post-registration maintenance filings
for approximately 500 registrations.

Background

   On April 26, 2010, the USPTO and the George Washington University Law
School hosted a roundtable discussion on the topic of "The Future of the
Use-Based Register."  Panelists and audience members explored the
implications of the decision of the Court of Appeals for the Federal
Circuit in In re Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
2009), clarifying the high standard for fraud on the USPTO in connection
with trademark cases.

   A "brainstorming" session at the conclusion of the roundtable resulted
in a list of suggestions for how to improve the accuracy of identifications
of goods/services. These suggestions were not focused on fraud, as was the
Bose decision, but rather on the accuracy of the register. Several
participants made the suggestion that the USPTO require additional
specimens, or a specific type of proof of use of a mark, for all, or more
than one, of the identified goods/services. Such additional requirements
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 112 

could help provide information regarding the extent to which a problem with
inaccuracy exists on the register, and could help discourage inaccuracies.

   The Trademark Act gives the Director discretion regarding the number of
specimens to require (15 U.S.C. 1051(a)(1), (d)(1), 1058(b)(1)(C),
1141k(b)(1)(C)). Moreover, it requires applicants to comply with rules as
prescribed by the Director (15 U.S.C. 1051(a)(4), (b)(4)). Additionally,
the Director and USPTO may establish regulations governing the conduct of
proceedings in the Office (15 U.S.C. 1123, 35 U.S.C. 2(b)(2)(A)). The
current Trademark Rules of Practice and Madrid Rules mandate the submission
of one specimen per class in connection with use-related filings (37 CFR
2.34(a)(1)(iv), 2.56(a), 2.76(b)(2), 2.86(a)(3), 2.86(b), 2.88(b)(2),
2.161(g), 7.37(g)). Similarly, the current rules require one specimen to be
submitted in connection with an amendment to a registered mark (37 CFR
2.173(b)(3)). In addition, although the current Trademark Rules of Practice
allow the USPTO to require additional information or exhibits deemed
reasonably necessary to the examination of a pending application (37 CFR
2.61(b)), no counterpart rule exists in the post registration context to
facilitate proper examination of an affidavit or declaration of continued
use or excusable nonuse.

   To ensure that the USPTO may properly examine affidavits or
declarations, and the nature and veracity of the use claimed therein,
additional specimens or other information or exhibits, such as a photograph
of the mark appearing on certain goods, may be needed. Accompanying
affidavits or declarations to verify information or exhibits may also be
needed. One purpose of the final rule is to allow the USPTO to require
trademark applicants or registrants to submit any additional specimens or
other information, exhibits and affidavits or declarations reasonably
necessary for proper examination. A second purpose of the rule is to allow
the USPTO to conduct a limited-duration post registration pilot program to
verify the accuracy of claims that a trademark is in use on particular
goods/services, as a means to assess and improve the accuracy and integrity
of the register. The rule does not focus on fraud issues, but only on the
more general concern with ensuring accuracy. A third purpose of the rule is
to harmonize the requirements that can be made as part of the examination
of use allegations made in post registration maintenance documents with the
requirements currently authorized in the examination of use allegations made
prior to registration.

Proposed Rule and Request for Comments

   A proposed rule was published in the Federal Register on July 12, 2011,
at 76 FR 40839, and in the Official Gazette on August 9, 2011. The USPTO
received comments from six intellectual property organizations and four
attorneys and/or law firms. These comments are posted on the USPTO's Web
site at http://www.uspto.gov/trademarks/law/comments_requirements_for_
specimens_or_evidence.jsp, and are addressed below.

   References below to "the Act," "the Trademark Act," or "the statute"
refer to the Trademark Act of 1946, 15 U.S.C. 1051 et seq., as amended.
References to "TMEP" or "Trademark Manual of Examining Procedure" refer
to the 8th edition, October 2011.

General Comments

   Comment:  Five commenters expressed support of the USPTO's efforts to
ensure the accuracy of the trademark register but expressed concern
regarding the lack of more specific criteria signaling when and to what
extent an owner might expect a request for additional evidence, specimens,
or information under the rule changes. Two commenters speculated that the
only way an owner might mitigate these concerns would be to preemptively
submit additional specimens in all filings; and another commenter noted
that, without further guidelines, the rules could be implemented to create
an unfair burden on certain trademark owners.

 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 113 

   Response:  The USPTO appreciates the commenters' support of the general
objective of the rule changes, namely, requiring additional evidence or
specimens to allow the USPTO to assess the accuracy and integrity of the
register. The USPTO initially intends to accomplish this objective by
conducting a pilot in which approximately 500 trademark registrations for
which Section 8 or 71 affidavits are being filed will be randomly selected
to receive an Office action requiring proof of use of the mark on two
additional goods/services per class. If the owner is unable to provide the
requested proof of the mark appearing on or in connection with the
specified goods/services, those goods/services in question will be deleted
from the registration, and the Section 8 or 71 affidavit will be subject to
further review.

   Because the USPTO and stakeholders initially desire information about
the level of accuracy of the register, rather than assuming that widespread
inaccuracies exist, the rules permit the USPTO to randomly select for the
pilot from among all types of registrations. This will ensure that the
resulting assessment is not skewed by consideration of registrations with
particular criteria, and that implementation of the rules does not create
an unfair burden on specific types of trademark owners.

   Contrary to the suggestion by some commenters, owners need not submit
additional specimens with all Section 8 or 71 affidavits. The approximately
500 registrations selected to participate in the two-year pilot represent
less than 1% of the total number of affidavits usually processed during a
typical six-month period. Moreover, owners of the registrations selected
will be afforded the usual post registration response period to the Office
action requiring additional information.

   To address concerns regarding the long-term impact of the rule changes
beyond the pilot, the USPTO is amending the rulemaking to indicate that the
language authorizing the USPTO to assess the accuracy and integrity of the
register will expire two years after the effective date of the final rules
on Section 8 and 71 affidavits. This "sunset provision" allows the USPTO
the necessary authority to randomly sample Section 8 and 71 affidavits in
order to conduct the pilot. Upon expiration of the two-year period,
additional specimens and information may be requested when the USPTO deems
it reasonably necessary for examination of a particular Section 8 or 71
affidavit. The USPTO is eliminating from the final rulemaking other
provisions included in the proposed rule which would have authorized
requests for additional specimens and information to assess the accuracy
and integrity of the register both prior to registration and in connection
with a Section 7 amendment to a registration. In those contexts, the final
rules provide that the USPTO may request additional specimens and
information only when reasonably necessary for examination. Therefore,
although the USPTO is sunsetting its authority to ask randomly for
additional specimens and information, it is maintaining authority to probe
accuracy when reasonably necessary for proper examination of a particular
application or registration.

   Comment:  Due to the potential burden on trademark owners and broad
discretion given to examiners, three commenters suggested a targeted
approach in determining when the USPTO would request additional specimens.
One commenter requested a provision in the rules or TMEP that the USPTO
only require additional specimens on special occasions; for example, where
identifications include a large number of, or significant disparity in,
goods or services, and that the standards for requiring additional
specimens for house marks be relaxed as compared to other identifications.

   Another commenter suggested that specific guidelines be enacted to
direct the exercise of discretion in requesting additional specimens. For
example, an examiner should be required to identify some other fact-based
reason, beyond the number of goods or services in an application, to
justify a request for additional specimens, such as where a Web site does
not show use of a mark with all goods or services. Moreover, the TMEP
should be revised to include specific guidelines for when an examiner can
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 114 

request additional specimens.

   A third commenter suggested that in order to achieve the desired result
of a more accurate register, implementation of the proposed rules should be
accompanied by guidance describing instances in which additional evidence
can be required. The commenter suggested that applications and
registrations be flagged for heightened scrutiny and additional specimens
or evidence of use if they use class headings in the identification,
include unrelated and unlikely goods within a class, use multiple languages
on packaging, include a lengthy list of related goods or services, or
encompass alphabetically arranged "data dumps" from the ID manual.

   Response:  The USPTO determined that its objective of assessing the
accuracy and integrity of the register could be better reached by randomly
selecting the registrations chosen to participate in the pilot rather than
targeting a specific subset of registrations. While the USPTO concurs that
in the long term, a "targeted" approach may be appropriate, an initial
assessment of a wide cross section of all types of registrations will best
determine appropriate criteria for targeting. The limited nature of the
pilot and "sunset provision" are geared to alleviate concerns regarding
potential burdens to trademark owners. The USPTO has opted to initially
request proof of use for two additional goods/services per class for
registrations selected for the pilot. Thus, the potential burden will not
be greater on trademark owners with particular types of registrations,
including those for house marks or with lengthy identifications.

   Comment:  One commenter requested clarification whether trademark owners
would face additional fees and surcharges for supplemental filings required
under the new rules. The commenter noted that it was unclear whether a
response to a request for additional evidence must be completed according
to the same timeline as other responses and if an owner would need to pay a
deficiency surcharge for a deficiency that did not exist until the request.

   Response:  No additional fees or surcharges will be required under the
new rules. Owners must respond to an Office action requiring additional
information or specimens within six months of the issuance date of the
Office action, or before the end of the relevant filing period for the
Section 8 or 71 affidavit, whichever is later (37 C.F.R. 2.163(b),
7.39(a)). Although such an Office action may address other items unrelated
to the pilot program, and those other items may trigger a deficiency
surcharge, a request under the new rules pertaining to the pilot would not
be considered a deficiency requiring an additional fee.

   Comment:  One commenter expressed that typical trademark file histories
are "too skimpy" with respect to specimens. The commenter further explained
that advances in technology, and the USPTO's information technology, have
made it easier for trademark owners to submit photographs for specimen use.
The commenter, therefore, suggested that specimens be required for each
good or service, along with liberal correction of the specimen record. The
commenter additionally expressed his preference for a date of use to be
listed for every good and service so that priority of use is easier for the
public to check.

   Response:  The USPTO appreciates the commenter's support of its on-line
resources. In order to mitigate the potential burden on trademark owners,
the USPTO has opted to initially request proof of use for only two
additional goods/services per class from participants in the pilot. Failure
to provide such proof may result in a further request for additional
information or specimens. The results of the pilot will help the USPTO to
assess the accuracy and integrity of the register and whether and to what
extent it may be necessary to request additional information or specimens
on a more routine basis to ensure the accuracy of a registration.

   Currently, the USPTO requires dates of use for each class of goods and
services. There must be at least one specified item in each class to which
the specified dates pertain (37 C.F.R. 2.34(a)(1)(v), 2.76(c), 2.88(c);
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 115 

TMEP § 903.08). It is longstanding Office practice not to require dates of
use for each good or service since it would be cumbersome for applicants to
designate the dates for each item individually (TMEP § 903.08).

   Comment:  Another commenter stated that especially in cases where a
lengthy identification triggers a requirement for additional information,
examination of the accuracy of a claim of use should focus on ensuring the
registration accurately reflects the goods or services for which the mark
is used, based on all evidence that can be supplied, and not be an exercise
designed to delete goods or services from registrations based on a
"hyper-technical" analysis of specimens. Trademark owners should not lose
rights in marks used in commerce because producing formal specimens can be
burdensome, costly, and time-consuming. Deleting such goods and services
from a mark in use would detract from, rather than improve, the accuracy of
the register.

   The commenter, therefore, suggested that the USPTO accept evidence of
use that is reasonably sufficient to confirm the accuracy of the list,
rather than determining if the evidence qualifies as a formal specimen.
Acceptance of this evidence would be a practical way of determining that
the claim of use is accurate without imposing an undue burden on trademark
owners or an undue allocation of USPTO resources to the examination of
additional specimens.

   Moreover, the commenter noted that the USPTO's examination of the
additional evidence supplied in response to an information inquiry should
apply a reasonable standard as to whether the mark on the specimen agrees
with the drawing, consistent with recent TTAB decisions and the more
forgiving standard applied post registration.

   A second commenter similarly proposed that a formal specimen is not
necessary to ensure proper examination of claims of use and to assess the
possibility of over-claiming. The commenter noted that goods and services
should not necessarily be considered improperly included in a claim of use
because specimens fail to satisfy rigorous formal requirements as to their
sufficiency.

   Response:  As noted above, in order to assess the accuracy and integrity
of the register, the USPTO intends to conduct a pilot in which
approximately 500 trademark registrations will be randomly selected to
submit proof of use for only two additional goods/services per class in
response to an Office action issued after a Section 8 or 71 affidavit is
reviewed by the USPTO. Registrations will not be selected for the pilot
program's additional inquiry based on either the length or content of the
identification in the registration. Instead, the incomplete nature of a
trademark owner's response to the initial request for additional
information will determine whether further inquiry is necessary. The
limited nature of the pilot, in terms of duration, number of registrations
impacted, the random selection of registrations for participation, and the
amount of additional proof or specimens required, is intended to alleviate
concerns regarding the potential burden to trademark owners.

   The additional information or specimens will be reviewed according to
the generally accepted standards for use in commerce. The USPTO finds no
basis to establish a different, less formal, standard for use of the mark
in commerce in the context of the pilot, and believes such a distinction
would be a disservice to the public. Not only would a new standard for
determining what constitutes acceptable use in commerce increase public
confusion, but it would also call into question whether a mark is actually
used with particular goods or services. The USPTO notes that there is a
uniform standard for determining what constitutes an acceptable specimen
both prior to and post registration.

   Comment:  A comment noted that additional specimens or evidence of use
should not be required to support identifications that appear in the USPTO
ID Manual, even if the particular identification encompasses numerous
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 116 

products, such as "cosmetics" or "furniture."  Evidence of use of the mark
on a single product should be sufficient to support inclusion of the phrase
in the identification of goods or services.

   Response:  In conducting the pilot to access the accuracy and integrity
of the register, the USPTO will request that pilot participants submit
proof of use for only two additional goods/services per class, with each
demonstrating use for a different good or service in the identification.
Even if a good or service within an identification is broadly defined, the
USPTO will only require one specimen or other proof to demonstrate use for
that particular good or service.

Discussion of Rule Changes

    The USPTO is amending §§ 2.34(a)(1)(iv), 2.56(a), 2.76(b)(2),
2.86(a)(3), 2.86(b), and 2.88(b)(2) to indicate that the USPTO may, upon
request, require more than one specimen, including more than one specimen
per class, if the USPTO deems additional specimens reasonably necessary to
examine the application or allegation of use. These revisions codify
existing practice, where such additional specimens occasionally are
requested under § 2.61 as information or exhibits necessary to examination.
The Trademark Act gives the Director discretion regarding the number of
specimens to require (15 U.S.C. 1051(a)(1), (d)(1)). The USPTO is
additionally amending the final rule for § 2.56(a) to substitute the
wording "or services" for "or in the sale or advertising of the services in
commerce" to be consistent with the language in § 2.173(b)(3), and adding
the wording "as reasonably necessary to proper examination" to be consistent
with the language in § 2.61(b).

   Comment:  One commenter stated that requiring applicants and registrants
to submit additional specimens is not burdensome, especially in comparison
to the exclusive rights and evidentiary presumptions granted to trademark
owners and the benefits of an accurate trademark register. The commenter
further noted that in the digital age, the costs of obtaining and
submitting additional specimens are negligible when the goods or services
are being used in commerce as required. The commenter additionally stated
that thorough training by the USPTO should mitigate concerns regarding the
additional discretion given to examiners and describe with particularity
the types of situations where additional specimens may be required. The
commenter, therefore, expressed strong support for the rule changes because
of the benefits obtained from a more accurate register and relatively small
burdens on applicants and registrants. The commenter also noted that further
study regarding the amount of "deadwood" on the U.S. trademark register
would be valuable to all stakeholders in the trademark community.

   Response:  The USPTO appreciates the commenter's support of the rule
changes and agrees that the public will greatly benefit from an accurate
trademark register. As the commenter suggests, the USPTO intends to
continue to provide internal and external guidance to mitigate concerns
regarding USPTO discretion and provide examples of when additional
specimens may be required.

   The USPTO is amending § 2.61(b) to indicate that accompanying affidavits
or declarations may be required along with information or exhibits. The
wording "and such additional specimens" is added to the final rule to
explicitly provide for specimen requests. The previously proposed provision
that a requirement for additional information may issue, for the USPTO to
assess the accuracy and integrity of the register, is not included in the
final rule because the USPTO's pilot program will focus exclusively on use
allegations in post registration maintenance filings. The USPTO maintains
its authority to probe accuracy when reasonably necessary for examination
of a particular application.

   Comment:  Citing TMEP § 904.01(a) and current § 2.61(b), three
commenters stated that in the context of pre-registration, examining
attorneys already have authority to request additional specimens. Two
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 117 

commenters noted that it is unclear why the amendment to § 2.61(b) is
necessary since authority to request additional specimens is already given
under the current rule. The third commenter suggested that further guidance
on the use of this authority can be provided through examination guides,
rather than rule changes. One of the commenters expressed a lack of support
for the changes to §§ 2.34, 2.56, 2.61, 2.76, 2.86, or 2.88.

   Response:  Because the current rule on specimens refers to only one
specimen per class and the current rule on information requirements does
not explicitly refer to specimens, in revising the rules, the USPTO deems
it appropriate to provide explicitly for such specimen requests.
Specifically, the additional language allowing for "affidavits or
declarations" to be required codifies existing practice, where additional
evidence is requested, and explicitly clarifies that the USPTO may verify
information or exhibits, when needed.

   The additional previously proposed language allowing the USPTO to
"assess the accuracy and integrity of the register" was deleted and is not
included in the final rule because the USPTO's pilot program will focus
exclusively on use allegations in post registration maintenance filings.
The USPTO maintains its authority to probe accuracy when reasonably
necessary for examination of a particular application.

   Comment:  A commenter expressed concern that while the goal of amending
§ 2.61(b) may be to determine the extent to which over-claiming exists
pre-registration, the changes to the rule may impact domestic applicants
more than Section 44 or 66 applicants, who are not required to submit
specimens prior to registration.

   Response:  Section 2.61(b) is used to require additional information
and exhibits from all applicants prior to registration. Although it has
occasionally been used as a means for requiring additional specimens, it
is more commonly used as a means for examining attorneys to request
literature, exhibits, and general information concerning the nature of
the mark in order to allow for proper examination. See TMEP § 814. The
additional previously proposed language allowing the USPTO to "assess the
accuracy and integrity of the register" was deleted and is not included
in the final rule. The USPTO maintains its authority to probe accuracy when
reasonably necessary for examination of a particular application. The USPTO
will conduct its pilot to assess accuracy in connection with the filing of
a Section 8 or 71 affidavit, since such filings are required of all
trademark owners.

   The USPTO is amending § 2.161(g) and § 7.37(g) to indicate that the
USPTO may require more than one specimen in connection with the examination
of the affidavit or declaration of continued use. For example, additional
specimens may be requested in a case to verify the accuracy and the nature
of the use when the identification includes a large number of, or
significant disparity in, goods or services. The Trademark Act gives the
Director discretion regarding the number of specimens to require (15
U.S.C. 1058(b)(1)(C), 1141k(b)(1)(C)).

   The USPTO is adding § 2.161(h) and § 7.37(h) to provide that the USPTO
may require such specimens, information, exhibits, and affidavits or
declarations as the USPTO deems reasonably necessary to the proper
examination of the affidavit or declaration of continued use, or for the
USPTO to assess the accuracy and integrity of the register. These
provisions are corollaries to § 2.61(b), which currently allows the USPTO
to require additional information or exhibits in connection with the
examination of a pending application. These provisions also clarify that
accompanying affidavits or declarations may be required. The wording "and
such additional specimens" is added to the final rule to clarify that the
standards applicable to § 2.161(g) and § 7.37(g) are contained in
§ 2.161(h) and § 7.37(h). The provisions allowing the USPTO to assess the
accuracy and integrity of the register will expire two years after the
effective date of the final rule.
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 118 


   Comment:  Noting that currently there is not a counterpart to § 2.61(b)
that would enable the USPTO to request additional specimens post
registration, three commenters expressed support of implementing proposed
§ 2.161(h) and § 7.37(h) to the extent they conform to current § 2.61(b).
Two of the commenters further noted that claims of use, post registration,
for owners of registrations under Sections 44 and 66 should be examined
under the same criteria applied to owners of use-based applications. One
commenter further noted that they did not support the proposed changes to
§ 2.161(g) and § 7.37(g) since they did not conform to current § 2.61(b).

   Response:  The USPTO appreciates the commenters' support of the rule
changes and agrees with the commenters regarding the importance of having
post registration corollaries to § 2.61(b). Just as § 2.61(b) was amended
to clarify that accompanying affidavits or declarations may be required,
this same clarification was added to § 2.161(h) and § 7.37(h) in order to
explicitly provide for the USPTO to verify information or exhibits, when
needed. Similarly, the amendments to § 2.161(g) and § 7.37(g) were made in
order to provide for the USPTO to request additional specimens.

   The language in § 2.161(h) and § 7.37(h) allowing the USPTO to "assess
the accuracy and integrity of the register" is for the limited purposes of
the pilot explained above, and will expire two years after the effective
date of the final rule. This "sunset provision" is intended to alleviate
concerns regarding the burdens associated with discretionary requests for
additional specimens and information to assess the accuracy and integrity
of the register. The USPTO maintains its authority to probe accuracy when
reasonably necessary for examination of a particular registration.

   The USPTO agrees with the commenters that post registration claims of
use should be examined under the same criteria regardless of the initial
filing basis. The USPTO, therefore, determined that the pilot assessing
the accuracy and integrity of the register should be conducted with the
filing of Section 8 or 71 affidavits, since such filings are required of
all trademark owners.

   Comment:  Noting that a registration could include many goods and
services, one commenter emphasized that submitting many specimens could be
time-consuming and burdensome.

   Response:  As previously noted, the limited nature of the pilot and
"sunset provision" are geared to alleviate concerns regarding potential
burdens to trademark owners. As proof of use of the mark on only two
additional goods/services per class will be required of participants in the
pilot, the potential burden will not be much greater on trademark owners
with registrations for many goods or services. Failure to provide the
requested proof may result in further requests for proof as to additional
goods/services in that registration.

   Comment:  Two commenters noted that prior to registration, if an
applicant is unable to provide an acceptable specimen for a Section 1(a)
use-based application, the applicant has the option of amending the
applicable goods or services to a Section 1(b) intent-to-use basis. The
commenters proposed, with a third commenter, that if a trademark owner is
faced with a requirement for additional specimens post registration, the
USPTO should allow the owner to voluntarily delete the goods or services,
as an alternative to providing the specimens, without incurring
vulnerability as to the remaining goods or services. This should not be
viewed as an admission that the goods or services were improperly claimed
in the initial filing as there are a number of reasons why trademark owners
may opt not to provide additional evidence of use.

   Similarly, one of the commenters noted that if goods or services are
deleted from a registration following an information request, the remainder
of the registration should not be vulnerable to challenge as to its
validity. A commenter further stated that pre-registration for applications,
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 119 

applicants should have the option of asserting a dual Section 1(b) for any
goods or services subject to a requirement for additional specimens or
evidence.

   Response:  When a trademark owner files a Section 8 or 71 affidavit,
the trademark owner is asked to specifically verify if the mark is in use
in commerce on or in connection with all of the goods or services listed
in the registration. If the mark is not in use with all of the goods or
services, the owner is asked to identify the goods or services to be
deleted from the registration. Therefore, if a trademark owner is not using
the mark with all of the goods or services listed in a registration, and
excusable nonuse is not claimed, the goods should be voluntarily deleted
from the registration upon the filing of the Section 8 or 71 affidavit as
required by the Trademark Act, prior to the USPTO's request for additional
information or specimens upon review of the Section 8 or 71 affidavit. As a
reminder, 18 U.S.C. 1001 and 37 CFR 11.18 apply to submissions to the USPTO
and impose an obligation of reasonable inquiry and truthfulness.

   If a registration is selected to participate in the pilot assessing the
accuracy and integrity of the register, the trademark owner may at that
point voluntarily delete goods or services from its registration as an
alternative to providing the additional information or specimens requested
by the USPTO. Such a deletion will not trigger cancellation of the entire
registration, but may subject the registration to a further information or
specimen requirement by the USPTO to verify the accuracy of the remaining
goods or services claimed in the registration. Although the pilot will not
apply to applications, applicants always have the option of relying on both
Sections 1(a) and 1(b) in the same application, though the applicant may
not assert both bases for identical goods or services in the same
application. See TMEP § 806.02(b).

   Comment:  One comment noted that failure to provide requested
information as to only a portion of the goods or services should not result
in cancellation of the entire registration.

   Response:  The USPTO agrees with this comment and notes that when a
registration is selected to participate in the pilot and an Office action
issues requiring additional evidence or specimens, a response must be filed
within six months of the Office action, or before the end of the filing
period for the Section 8 or 71 affidavit, whichever is later (37 CFR
2.163(b), 7.39(a)). If a response is filed but fails to include the required
evidence or specimens, the USPTO will deem the Section 8 or 71 affidavit
unacceptable as to the goods or services to which the requirement pertained
and delete them from the registration. Such a response may also trigger a
further requirement for proof of use as to some or all of the remaining
goods/services. However, assuming the Section 8 or 71 affidavit is
otherwise acceptable, and any requested proof of use as to remaining goods/
services is satisfied, the remaining goods/services will be unaffected. By
contrast, if no response whatsoever to the Office action is filed within
the response period, and no time remains in the statutory filing period,
the registration will be cancelled (37 CFR 2.163(c), 7.39(b)). Thus, absent
other issues with the affidavit, the registration will not be cancelled
unless the owner fails to respond to the Office action or is unable to
demonstrate use for any of the remaining goods or services in the
registration.

   Comment:  Citing § 2.161 and § 7.37, an additional commenter indicated
that the proposed rules providing for additional specimens could present
an equal-protection issue due to their discretionary nature, noting that
"when requested by the Office" is not a clear and definite standard.

   Response:  The Trademark Act gives the Director discretion regarding
the number of specimens to require (15 U.S.C. 1051(a)(1), (d)(1),
1058(b)(1)(C), 1141k(b)(1)(C)). The revisions to §§ 2.34(a)(1)(iv),
2.56(a), 2.76(b)(2), 2.86(a)(3), 2.86(b), and 2.88(b)(2) to indicate that
the USPTO may, upon request, require more than one specimen, including more
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 120 

than one specimen per class, if the USPTO deems additional specimens
reasonably necessary to examine the application or allegation of use,
codify existing practice, where such additional specimens occasionally
are requested under § 2.61 as information or exhibits necessary to
examination.

   The revisions to § 2.161(g) and § 7.37(g) to indicate that the USPTO may
require more than one specimen in connection with the examination of an
affidavit or declaration of continued use are corollaries to the above-
referenced pre-registration procedures when additional specimens are
necessary to verify the accuracy and nature of the use. The standards
applicable to § 2.161(g) and § 7.37(g) can be found in § 2.161(h) and
§ 7.37(h). Both subsections have been revised to explicitly provide that
the USPTO may require specimens, information, exhibits, and affidavits or
declarations as "reasonably necessary" for examination or "to assess the
accuracy and integrity of the register."  Because these standards are not
impermissible or arbitrary, there can be no equal-protection violation.
Cf. In re Boulevard Entm't, Inc., 334 F.3d 1336, 1343, 67 USPQ2d 1475,
1480 (Fed. Cir. 2003) (noting that no USPTO equal-protection violation
could occur "unless the agency acted pursuant to some impermissible or
arbitrary standard").

   Moreover, even regardless of standards, constitutional challenges have
been rejected in the trademark-registration context where a determination
not to register a mark does not foreclose use of that mark. See In re
Mavety Media Grp. Ltd., 33 F.3d 1367, 1374, 31 USPQ2d 1923, 1928-29 (Fed.
Cir. 1994); In re McGinley, 660 F.2d 481, 484, 211 USPQ 668, 672 (C.C.P.A.
1981).

   The USPTO is amending § 2.173(b)(3) to clarify that where an amendment
involves a change in the mark, a new specimen must be provided for each
class in a multiple-class registration, and additional specimens may be
required when necessary, and to add § 2.173(b)(4) to provide that the
USPTO may require such specimens, information, exhibits, and affidavits or
declarations as the USPTO deems reasonably necessary to the proper
examination of the proposed amendment. The term "specimens" is added to
§ 2.173(b)(4) to clarify that the standards applicable to § 2.173(b)(4)
are contained in § 2.173(b)(3). The previously proposed provision that a
requirement for additional information may issue, for the USPTO to assess
the accuracy and integrity of the register, is not included in the final
rule.

   Comment:  Two commenters noted that because claims of use as to all
goods and services are not at issue when a request for amendment of a
registration is sought, they do not support the proposed changes to
§ 2.173.

   Response:  As claims of use as to all goods and services do not
accompany amendments to registrations, the pilot to assess the accuracy and
integrity of the register will be conducted with the filing of mandatory
Section 8 or 71 affidavits and not optional Section 7 amendments. The
revisions to § 2.173(b)(3) clarify that where an amendment involves a
change in the mark, a new specimen must be provided for each class in a
multiple-class registration. This will allow the USPTO to assess that the
amended mark is being used on or in connection with each class of goods or
services in the registration. The addition of § 2.173(b)(4) similarly
assists the USPTO by providing a means for additional information to be
requested, as a post registration corollary to § 2.61(b). The additional
previously proposed language allowing the USPTO to "assess the accuracy
and integrity of the register" was deleted and is not included in the final
rule.

Overview of the Pilot

   As set forth above, the USPTO intends to conduct a two-year pilot
program to verify the accuracy of post registration claims that a trademark
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 121 

is in use on particular goods/services. The USPTO will randomly select
approximately 500 trademark registrations for which a Section 8 or 71
affidavit was filed and issue an Office action requiring proof of use of
the mark on two additional goods/services per class. Although a declaration
will be required to verify the proof of use, one declaration may support
all the additional proof. The random selection will include all types of
registrations and will represent less than 1% of the total number of
affidavits usually processed during a typical six-month period.

   Owners of the registrations selected for the pilot will be afforded the
usual post registration response period to the Office action requiring
additional proof of use and an accompanying standard declaration.
Specifically, a response will be due within six months of the Office
action, or before the end of the filing period for the Section 8 or 71
affidavit, whichever is later (37 CFR 2.163(b), 7.39(a)). Specially trained
senior attorneys will conduct the examination for the pilot, reviewing the
proof of use according to the generally accepted standards for use in
commerce. The assigned senior attorneys may address specific questions or
concerns about particular cases. The USPTO also will establish a dedicated
mailbox, TMPostRegPilot@uspto.gov for more general questions and concerns
relating to the pilot.

   If a response is filed but fails to include the required evidence or
specimens, the USPTO will deem the Section 8 or 71 affidavit unacceptable
as to the goods or services to which the requirement pertained and delete
them from the registration. Such a response may also trigger a further
requirement for proof of use as to some or all of the remaining goods/
services. However, assuming the Section 8 or 71 affidavit is otherwise
acceptable, and any requested proof of use as to remaining goods/services
is satisfied, the remaining goods/services will be unaffected. By contrast,
if no response to the Office action is filed within the response period,
and no time remains in the statutory filing period, the registration will
be cancelled (37 CFR 2.163(c), 7.39(b)).

   After the conclusion of the pilot, the USPTO will share the results as
a basis for further consideration and discussion of the level of accuracy
of the register. The results of the pilot will help inform whether and to
what extent it may be appropriate to request additional information or
specimens on a more routine basis to ensure accuracy.

Rulemaking Requirements

   Executive Order 12866:  This rule has been determined not to be
significant for purposes of Executive Order 12866.

   Executive Order 13563:  The Office has complied with Executive Order
13563. Specifically, the Office has: (1) used the best available techniques
to quantify costs and benefits, and has considered values such as equity,
fairness and distributive impacts; (2) provided the public with a meaningful
opportunity to participate in the regulatory process, including soliciting
the views of those likely affected prior to issuing a notice of proposed
rulemaking, and provided on-line access to the rulemaking docket;
(3) attempted to promote coordination, simplification and harmonization
across government agencies and identified goals designed to promote
innovation; (4) considered approaches that reduce burdens and maintain
flexibility and freedom of choice for the public; and (5) ensured the
objectivity of scientific and technological information and processes, to
the extent applicable.

   Administrative Procedure Act:  This rule merely involves rules of agency
practice and procedure within the meaning of 5 U.S.C. 553(b)(A). See Cooper
Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37 (Fed. Cir. 2008) (stating that
5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B), does not require notice and
comment rulemaking for "interpretative rules, general statements of policy,
or rules of agency organization, procedure, or practice") (quoting 5 U.S.C.
553(b)(A)); Inova Alexandria Hosp. v. Shalala, 244 F.3d 342, 350 (4th Cir.
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 122 

2001) (rules for handling appeals were procedural where they did not change
the substantive standard for reviewing claims); Bachow Commc'ns Inc. v.
FCC, 237 F.3d 683, 690 (DC Cir. 2001) (rules governing an application
process are procedural under the Administrative Procedure Act). Therefore,
this rule may be adopted without prior notice and opportunity for public
comment under 5 U.S.C. 553(b) and (c), or thirty-day advance publication
under 5 U.S.C. 553(d).

   However, the USPTO chose to seek public comment before implementing the
rule and is providing thirty-day advance publication notice.

   Regulatory Flexibility Act:  The final rule involves rules of agency
practice and procedure. As prior notice and an opportunity for public
comment are not required pursuant to 5 U.S.C. 553 or any other law, neither
a Regulatory Flexibility Act analysis nor a certification under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is required. See 5 U.S.C.
603.

   A Final Regulatory Flexibility Act Analysis ("FRFA") of the final rule
is not required; nevertheless, the USPTO has undertaken this FRFA to
further describe the minimal effects on any small entities.

1. Description of the reasons that action by the Office is being undertaken:

   The USPTO is requiring:  (1) any specimens, information, exhibits, and
affidavits or declarations deemed reasonably necessary to examine an
affidavit or declaration of continued use in trademark cases; and (2) upon
request, more than one specimen in connection with a use-based trademark
application, an allegation of use, an amendment to a registered mark, or an
affidavit or declaration of continued use in trademark cases.

   These revisions will facilitate the USPTO's ability to verify the
accuracy of identifications of goods/services. Specimens of use in
use-based trademark applications illustrate how the applicant is using the
proposed mark in commerce on particular goods/services identified in the
application. Post registration affidavits or declarations of use and their
accompanying specimens demonstrate a trademark owner's continued use of its
mark in commerce for the goods/services in the registration.

2. Succinct statement of the objectives of, and legal basis for, the final
rule:

   The objective of the final rule is to facilitate the USPTO's ability to
verify the accuracy of identifications of goods/services in trademark
applications and registrations. The rule ensures that the USPTO may
properly examine the nature and veracity of allegations of use made during
the trademark application or post registration phase, and upon request, may
require additional specimens or other information or exhibits, such as a
photograph of the mark appearing on certain goods. Another purpose of the
rule is to harmonize the requirements that can be made as part of the
examination of use allegations made in post registration maintenance
documents, which are currently more limited, with the requirements
authorized in the examination of use allegations made prior to registration.

   The Trademark Act gives the Director of the USPTO discretion regarding
the number of specimens to require (15 U.S.C. 1051(a)(1), (d)(1),
1058(b)(1)(C), 1141k(b)(1)(C)). Moreover, it requires applicants to comply
with rules as prescribed by the Director (15 U.S.C. 1051(a)(4), (b)(4)).
Additionally, the Director and USPTO may establish regulations governing
the conduct of proceedings in the Office (15 U.S.C. 1123, 35 U.S.C.
2(b)(2)(A)). The current Trademark Rules of Practice and the Rules of
Practice for Filings Pursuant to the Madrid Protocol mandate the submission
of one specimen per class in connection with use-related filings (37 CFR
2.34(a)(1)(iv), 2.56(a), 2.76(b)(2), 2.86(a)(3), 2.86(b), 2.88(b)(2),
2.161(g), 7.37(g)). Similarly, the current rules require one specimen to be
submitted in connection with a proposed amendment of a registered mark
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 123 

(37 CFR 2.173(b)(3)). In addition, although the current Trademark Rules of
Practice allow the USPTO to require additional information or exhibits
deemed reasonably necessary to the examination of a pending application
(37 CFR 2.61(b)), no counterpart rule exists in the post registration
context to facilitate proper examination of an affidavit or declaration of
continued use or excusable nonuse.

3. Description and estimate of the number of affected small entities:

   The USPTO does not collect or maintain statistics in trademark cases
on small versus large entity applicants, and this information would be
required in order to estimate the number of small entities that would be
affected by the final rule. However, the USPTO believes that the overall
impact of the rule on applicants and registrants will be relatively
minimal.

   The final rule applies to any entity filing a use-based trademark
application and to any entity filing trademark registration maintenance
filings or amendments. With respect to allegations of use in trademark
applications, the rules merely codify existing practice, whereby the USPTO
already occasionally requests additional specimens or other information
under 37 CFR 2.61. Thus, because no change in practice will result from the
rules in this regard, they will have no impact in the trademark application
context.

   After registration, registrants must make periodic filings with the
USPTO to maintain their registrations. A Section 8 or 71 affidavit of
continued use is a sworn statement that the mark is in use in commerce,
filed by the owner of a registration (15 U.S.C. 1058, 1141k). The purpose
of the Section 8 or 71 affidavit is to facilitate the cancellation of
registrations for marks no longer in use. With respect to post registration
maintenance filings, the Office estimates that only a small subset of
trademark owners will be required to provide more than one specimen, or
information or exhibits in connection with a Section 8 or 71 affidavit.
The USPTO is unable to estimate what subset of the owners will be small
entities impacted by the rules. In Fiscal Year 2011, 114,808 Section 8 or
71 affidavits were filed.

4. Description of the reporting, recordkeeping, and other compliance
requirements of the final rule, including an estimate of the classes of
small entities which will be subject to the requirement and the type of
professional skills necessary for preparation of the report or record:

   The final rule imposes no new recordkeeping requirements on trademark
applicants or registrants.

   Regarding compliance with the final rule, as an initial matter, the
USPTO does not anticipate that the rule will have a disproportionate
impact upon any particular class of small or large entities. Any entity
that has a registered trademark could potentially be impacted by the rule.

   Based on additional comment from the proposed rule, the USPTO estimates
that in those post registration cases where a requirement for additional
information, exhibits, declarations, or specimens is issued, it will take
one hour to comply.

   While the statement of use is a similar type of filing to those at issue
in the final rules applied in the post registration context, as the
statement of use involves providing one or more specimens of use and an
accompanying declaration, the compliance time for the final rules should
be less. Under the final rules applied in the post registration context,
the type of fact gathering and review of the nature and extent of the use
of the mark that underlies a statement of use will already have occurred.
Compliance with the requirement will only necessitate gathering and
submitting the evidence to demonstrate what has already been assessed.

 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 124 

   Assuming the mark is in use, as claimed, the compliance time involves
the length of time to secure a specimen, exhibit (such as taking a digital
photograph), information, or declaration, plus any time it takes an attorney
to communicate with the client in order to obtain what is required and make
the necessary filing with the USPTO. In reality, approximately one-third of
applications are filed pro se. These applicants and registrants, therefore,
will likely have a lower compliance time than the USPTO has estimated, which
assumes the involvement of counsel. These rules do not mandate the use of
counsel.

   The Office does not estimate any change in compliance cost associated
with the final rules with respect to allegations of use in trademark
applications, since the USPTO's current practice already allows for this.
The rule change merely codifies existing practice.

5. Description of any significant alternatives to the final rule which
accomplish the stated objectives of applicable statutes and which minimize
any significant economic impact of the rule on small entities:

   The USPTO has considered whether and how it is appropriate to reduce any
burden on small businesses through increased flexibility. The following
options have been considered, but rejected, by the USPTO as ineffective.

   The alternative of never requiring additional specimens or other
information in connection with Section 8 or 71 affidavits or exempting
small entities from such requirements would have a lesser economic impact
on small entities, but would not accomplish the stated objective of
verifying the accuracy of identifications of goods/services in trademark
registrations. As set forth above, the USPTO will rely on the final rule to
assess the accuracy of use allegations. This assessment may provide a better
sense of whether significant problems may exist with the accuracy of
identifications of goods and services. Thus, exempting small entities would
prevent the potential consideration of all Section 8 or 71 affidavits for
this purpose, and therefore, would not achieve the stated objective of
verifying accuracy.

   The stated objective of the final rule also facilitates the cancellation
of any registrations for marks that are no longer in use, the policy
underlying the statutory requirement for Section 8 or 71 affidavits.
Exempting small entities from any possible scrutiny regarding use
allegations would fail to reach non-use of marks by small entity owners,
thereby failing to achieve the objective.

   Other options to potentially lessen the impact on small entities have
been rejected as ineffective. For example, the USPTO deems unnecessary
extended time periods for small entity compliance because there appears to
be no reason that compliance with the requirements in the rules would be
more time-consuming for small entities, and because the USPTO's standard
time period for responding to trademark Office actions allows sufficient
time regardless of small entity status.

   The USPTO deems any streamlined or simplified compliance mechanism for
small entities unnecessary, given the ease of responding to trademark
Office actions electronically. Thus, compliance will be as streamlined and
simplified as possible for all affected entities. Moreover, where the
objective is to verify the accuracy of a claim of use in an affidavit, the
requirements of one or more additional examples of the manner of the
claimed use, or of other information such as photographic proof already
seem to be the least burdensome and complex way to achieve the objective.
Additionally, the requirement for submissions in order to assess the
accuracy and integrity of the register will expire two years from the
effective date of the rule. Accordingly, these post registration
requirements will not have a significant economic impact on small entities.
Any more minimal requirement would not demonstrate use, and therefore,
would not meet the objective to verify use claims.

 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 125 

   Use of performance rather than design standards is not applicable to the
final rulemaking because the USPTO is not issuing any sort of standard.
Rather, the rules will require applicants and registrants to furnish
evidence of use, rather than comply with a performance or design standard.

   Finally, with respect to allegations of use in trademark applications,
the final rules merely codify existing practice, whereby the USPTO already
occasionally requests additional specimens or other information under 37
CFR 2.61. Thus, because no change in practice would result from the rules
in this regard, any different treatment of small entities in this context
would fail to meet the stated objective and likely would generate concern
and confusion about a change in practice.

6. Identification, to the extent practicable, of all relevant Federal rules
which may duplicate, overlap, or conflict with the final rule:

   The final rule will not duplicate, overlap, or conflict with any other
Federal rules.

   Unfunded Mandates:  The Unfunded Mandates Reform Act requires, at 2
U.S.C. 1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in expenditure by State,
local, and tribal governments, in the aggregate, or by the private sector,
of $100 million or more (adjusted annually for inflation) in any given
year. This rule would have no such effect on State, local, and tribal
governments or the private sector.

   Executive Order 13132:  This rule does not contain policies with
federalism implications sufficient to warrant preparation of a Federalism
Assessment under Executive Order 13132 (Aug. 4, 1999).

   Paperwork Reduction Act:  This rule involves information collection
requirements which are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). An information collection request was submitted to OMB under control
number 0651-0055 at the time of the Notice of Proposed Rulemaking, and a
pre-approval was given. Since that time no substantive changes to the
burden have been made. Additionally, the agency will follow up with a change
worksheet submission to make all the necessary burden estimate adjustments.

   This rulemaking provides for the USPTO to require: (1) any specimens,
information, exhibits, and affidavits or declarations deemed reasonably
necessary to examine an affidavit or declaration of continued use or
excusable nonuse in trademark cases, or for the USPTO to assess the accuracy
and integrity of the register; and (2) upon request, more than one specimen
in connection with a use-based trademark application, an allegation of use,
or an amendment to a registered mark.

   There is no fee impact for submission of specimens. Additional burden
due to postage costs for paper submissions for the post-registration Office
actions is estimated at $90, for a total increase in fee burden by an
estimated $90. The agency estimates the following overall impact on burden:
an increase of responses of 500; an increase in burden hours of 485; and an
increase in burden hour costs of $164,900.

   Comments were invited on: (1) whether the collection of information is
necessary for proper performance of the functions of the agency; (2) the
accuracy of the agency's estimate of the burden; (3) ways to enhance the
quality, utility, and clarity of the information to be collected; and (4)
ways to minimize the burden of the collection of information to respondents.

   In response to the first inquiry, whether the collection of information
is necessary for proper performance of the functions of the agency, the
USPTO received three comments.

    Comment:  One comment noted that based on the U.S. trademark system,
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 126 

the commenter could understand the contents of the revision, but the
commenter indicated that the revision may contradict the Trademark Law
Treaty prohibition against submitting evidence of use with a renewal
application.

    Response:  Evidence of use, or excusable non-use, is not a requirement
for renewal applications under Section 9, and therefore, the revision does
not contradict the Trademark Law Treaty (15 U.S.C. 1059). To renew a
registration under Section 9, the owner must submit the requisite fee with
the signed renewal form (15 U.S.C. 1059). Evidence of use, or excusable
nonuse, is separately required under Sections 8 and 71 between the fifth
and sixth year anniversaries after registration and every ten years after
registration, or with payment of an additional fee, during the six-month
grace period that follows (15 U.S.C. 1058(a), 1141k(a)).

   Comment:  Another commenter expressed that the collection of additional
specimens would ensure a more accurate register and thus benefits the public
and brand owners.

   Response:  The USPTO appreciates the commenter's support of the rule
changes and agrees with the commenter regarding the benefit of a more
accurate register.

   Comment:  A third commenter agreed that collecting information regarding
the accuracy of the marks on the trademark register is a necessary and
proper performance of the USPTO's functions. The commenter noted that an
up-to-date register reflecting marks that are actually in use would benefit
everyone. The commenter further stated that the USPTO should ensure that
the information is gathered consistently and without singling out any
particular classes of applications, registrations, or mark owners.

   Response:  The USPTO appreciates the commenter's support of the
information collection. In conducting the pilot, the USPTO will collect the
information regarding the accuracy of marks on the register consistently,
without singling out any particular classes of applications, registrations,
or mark owners. The USPTO intends to ensure consistent information
collection by having a small group of specially trained senior attorneys
examine the registrations selected for participation in the pilot. As the
USPTO also intends to randomly select the registrations examined in the
pilot, no type of application, registration, or mark owner will be singled
out.

   Regarding the accuracy of the agency's estimate of the burden, comments
were received from three parties.

   Comment:  One commenter noted that due to the limited nature of the rule
changes, they will not affect the scope of pre-registration trademark
searches; and costs will be incurred when attorneys submit the additional
evidence required. The commenter additionally requested that foreign
applicants be allowed to maintain broader identifications of goods and
services when filing a new trademark application based on a home-country
registration.

   Response:  The rule changes codify current pre-registration practice.
The USPTO's pilot program will be conducted post registration, and the
limited nature of the pilot will alleviate the potential burden on
trademark owners. The rule changes will not affect the USPTO's standards
for determining the acceptability of identifications of goods and services,
which are applied to all applicants and registrants.

   Comment:  Another comment noted that the burden on applicants to produce
additional specimens is not terribly significant in the age of electronic
specimens and filings. The burden of producing additional specimens is far
less than the burdens imposed on the public and trademark community from
an inaccurate register. Any evidence required under the rule changes relates
to something an applicant or registrant should possess or easily document in
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 127 

carrying out existing duties of confirming that goods and services are
currently in use.

   Response:  The USPTO appreciates the commenter's support of the rule
changes and concurs that the rule changes create minimal burdens on
trademark owners.

   Comment:  A commenter on the time burden agreed that the time to actually
submit specimens or additional evidence will likely be an hour, but stated
that the time involved in making the request to a client and reviewing the
client's responses will be substantially greater. For mark owners and their
counsel, compliance time with the additional requirements may depend on
factors such as whether the client is foreign or domestic, the degree of
explanation necessary for the client, and the length of the identification.
The commenter noted that the USPTO may help alleviate the burden by
requiring only one additional specimen or minimal additional information,
and by foregoing the need for verifications of the specimens or other
information.

   Response:  The USPTO notes that the estimated time burden for Paperwork
Reduction Act purposes is an average encompassing the response time for all
trademark owners, taking into account that trademark owners comprise large
and small entities, with and without counsel. The USPTO acknowledges that
the compliance time for the pilot may be greater than the compliance time
for a typical post registration response, and based on the commenter's
feedback, the USPTO has increased the estimated burden time for submissions
under the pilot to an hour. While the USPTO concurs with the commenter that
compliance time may be greater for larger, represented entities, the average
also encompasses pro se owners, for whom the compliance time will likely be
lower than the USPTO has estimated. The USPTO also notes that as trademark
owners are already required to ascertain whether a mark is currently in use
with all the goods/services in connection with the filing of a Section 8 or
71 affidavit, any additional requirement to provide proof of such use with
select goods/services should not be unduly burdensome.

   As an additional means of alleviating the potential burden to trademark
owners, only approximately 500 registrations will be selected to participate
in the pilot assessing the accuracy and integrity of the register. Moreover,
only proof of use of two additional goods/services per class will be
required of participants in the pilot. Although a declaration will be
required to verify the proof of use, one declaration may support all the
additional proof. Owners need not preemptively submit multiple specimens
with all trademark filings since the approximately 500 registrations
selected to participate in the pilot represent less than 1% of the total
number of Section 8 and 71 affidavits processed during a typical six-month
period.

   In response to the third inquiry, whether there are ways to enhance the
quality, utility, and clarity of the information to be collected, the USPTO
received two comments.

   Comment:  One commenter suggested that the USPTO could publish more
guidance as to when specimens are required and the type of specimens that
are generally acceptable. The commenter additionally noted that the USPTO
should provide guidance to both applicants and examiners that specimens for
goods that appear to be merely digital mock-ups may be insufficient.

   Response:  The USPTO intends to provide additional guidance for those
trademark owners chosen to participate in the pilot and continue its
efforts to provide both internal and external guidance, through the TMEP
and examination guides, regarding the general acceptability of specimens.
It is long-standing Office policy that a submission that appears not to
be actually used in commerce is unacceptable as a specimen. See, e.g., TMEP
§§ 904.03(i) and 904.04(a) regarding beta Web sites and printers proofs.

   Comment:  Another comment stated that the USPTO should publicize the
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 128 

nature of the specimens and additional information that will be required to
support requests for information under the rule changes. The commenter
noted that loosening the restrictions on catalog submissions could assist
mark owners requested to provide additional specimens. Moreover, the USPTO
should clarify whether requests for additional information will apply to
entire classes or specific goods or services within a class. If declarations
will be required to support additional specimens, having a uniform format
will help ensure higher-quality submissions. Additionally, ensuring uniform
levels of inquiry for specimens during prosecution and post registration,
and publicizing them in exam guides or the TMEP, would further the goal of
an accurate trademark register. Having a particular contact person, or
dedicated mailbox, for issues that arise would ensure that practitioners
and USPTO employees receive consistent guidance. Lastly, the USPTO should
share any statistics kept on the success of the new rule - such as the
length of descriptions routinely queried, percentage of applications or
registrations queried, and statistics that suggest that "deadwood" on the
register is an issue to be addressed.

   Response:  As noted above, in order to assess the accuracy and integrity
of the register, the USPTO intends to conduct a pilot in which approximately
500 trademark registrations will be selected to receive a requirement to
submit proof of use for two additional goods/services per class in response
to an Office action issued after a Section 8 or 71 affidavit is reviewed by
the USPTO. The additional proof will be reviewed according to the same
general standards as specimens submitted with a Section 8 or 71 affidavit,
with the standard Section 8 or 71 declaration language required to be
submitted with the additional proof.

   In order to ensure uniformity within the pilot, a small group of
specially trained senior attorneys will conduct the examination of the
registrations selected for participation in the pilot. The assigned senior
attorney handling a particular case may address specific questions or
concerns about the case. As suggested by the commenter, the USPTO will
establish a dedicated mailbox for more general questions and concerns
relating to the pilot. Moreover, the USPTO will share the results of the
pilot in the context of further consideration as to whether "deadwood" on
the register is an issue.

   Regarding ways to minimize the burden of the collection of information
to respondents, comments were received from two parties.

   Comment:  A commenter proposed additional emphasis by the USPTO to
educate applicants, in advance, regarding proper specimens and the
difference between use-based and intent-to-use applications. The commenter
also suggested adding information and warnings on the USPTO Web site and
during the electronic application process explaining the types of specimens
that may be acceptable. The commenter additionally expressed that the USPTO
could suggest to applicants that they may be able to reduce the length of
the application process by submitting additional specimens with their
applications.

   Response:  The USPTO appreciates the commenter's suggestions regarding
ways to educate the public regarding the trademark process. The USPTO has
developed a series of "how-to" videos covering important topics and critical
application-filing and registration-maintenance tips. One video entitled
"Before You File" covers the different filing bases, while another video
focuses exclusively on education about specimens. The videos can be accessed
on the USPTO Web site at http://www.uspto.gov/trademarks/process/TMIN.jsp.
The USPTO is continuously striving to improve its electronic systems and to
provide helpful information and warnings to guide users throughout the
trademark registration process, and provides a link to the instructional
video accessed through the Trademark Electronic Application System ("TEAS")
explaining what constitutes an appropriate specimen for a good or service.
While applicants are always welcome to submit additional specimens, the
USPTO only requires one specimen per class, but agrees that by submitting
additional specimens, applicants may in certain circumstances reduce the
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 129 

length of the application process by reducing the need for Office actions
requesting acceptable specimens.

   Notwithstanding any other provision of law, no person is required to
respond to nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information displays a
currently valid OMB control number.

   List of Subjects

37 CFR Part 2

   Administrative practice and procedure, Trademarks.

37 CFR Part 7

   Administrative practice and procedure, Trademarks, International
Registration.

   For the reasons stated in the preamble and under the authority contained
in 15 U.S.C. 1123 and 35 U.S.C. 2, as amended, the USPTO proposes to amend
parts 2 and 7 of title 37 as follows:

PART 2 - RULES OF PRACTICE IN TRADEMARK CASES

   1. The authority citation for 37 CFR Part 2 continues to read as follows:

      Authority:  15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.

   2. Revise § 2.34(a)(1)(iv) to read as follows:

§ 2.34  Bases for filing.

   (a)   ***

   (1)   ***

  (iv)  One specimen per class showing how the applicant actually uses the
mark in commerce. When requested by the Office, additional specimens must be
provided.

   *****

   3. Revise § 2.56(a) to read as follows:

§ 2.56 Specimens.

   (a)  An application under section 1(a) of the Act, an amendment to allege
use under § 2.76, and a statement of use under § 2.88 must each include one
specimen per class showing the mark as used on or in connection with the
goods or services. When requested by the Office as reasonably necessary to
proper examination, additional specimens must be provided.

   *****

   4. Revise § 2.61(b) to read as follows:

§ 2.61  Action by examiner.

   *****

   (b)  The Office may require the applicant to furnish such information,
exhibits, affidavits or declarations, and such additional specimens as may
be reasonably necessary to the proper examination of the application.

 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 130 

   *****

   5. Revise § 2.76(b)(2) to read as follows:

§ 2.76  Amendment to allege use.

   *****

   (b)   ***

   (2)  One specimen per class showing the mark as actually used in
commerce. When requested by the Office, additional specimens must be
provided. See § 2.56 for the requirements for specimens; and

   *****

   6. Revise §§ 2.86(a)(3) and (b) to read as follows:

§ 2.86  Application may include multiple classes.

   (a)   ***

   (3)  Include either dates of use (see §§ 2.34(a)(1)(ii) and (iii)) and
one specimen for each class, or a statement of a bona fide intention to use
the mark in commerce on or in connection with all the goods or services
specified in each class. When requested by the Office, additional specimens
must be provided. The applicant may not claim both use in commerce and a
bona fide intention to use the mark in commerce for the identical goods or
services in one application.

   (b)  An amendment to allege use under § 2.76 or a statement of use under
§ 2.88 must include, for each class, the required fee, dates of use, and one
specimen. When requested by the Office, additional specimens must be
provided. The applicant may not file the amendment to allege use or
statement of use until the applicant has used the mark on all the goods or
services, unless the applicant files a request to divide. See § 2.87 for
information regarding requests to divide.

   *****

   7. Revise § 2.88(b)(2) to read as follows:

§ 2.88  Filing statement of use after notice of allowance.

   *****

   (b)   ***

   (2)  One specimen of the mark as actually used in commerce. When
requested by the Office, additional specimens must be provided. See
§ 2.56 for the requirements for specimens; and

   *****

   8. Amend § 2.161 by revising the introductory text of paragraph (g) and
adding paragraph (h) to read as follows:

§ 2.161  Requirements for a complete affidavit or declaration of continued
use or excusable nonuse.

   *****

   (g)  Include one specimen showing current use of the mark for each class
of goods or services, unless excusable nonuse is claimed under
§ 2.161(f)(2). When requested by the Office, additional specimens must be
provided. The specimen must:
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 131 


   *****

   (h)  The Office may require the owner to furnish such information,
exhibits, affidavits or declarations, and such additional specimens:

   (1)  As may be reasonably necessary to the proper examination of the
affidavit or declaration under section 8 of the Act; or

   (2)  For the Office to assess the accuracy and integrity of the register.

   (3)  The provisions of subsection (h)(2) will no longer be effective on
June 21, 2014.

   9. Amend § 2.173 by revising paragraph (b)(3) and adding paragraph (b)(4)
to read as follows:

§ 2.173  Amendment of registration.

   *****

   (b)   ***

   (3)  If the amendment involves a change in the mark: one new specimen
per class showing the mark as used on or in connection with the goods or
services; an affidavit or declaration under § 2.20 stating that the
specimen was in use in commerce at least as early as the filing date of the
amendment; and a new drawing of the amended mark. When requested by the
Office, additional specimens must be provided.

   (4)  The Office may require the owner to furnish such specimens,
information, exhibits, and affidavits or declarations as may be reasonably
necessary to the proper examination of the amendment.

   *****

PART 7 - RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING
TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS

  10. The authority citation for 37 CFR Part 7 continues to read as follows:

   Authority:  15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.

  11.  Amend § 7.37 by revising paragraph (g) and adding paragraph (h) to
read as follows:

§ 7.37  Requirements for a complete affidavit or declaration of continued
use or excusable nonuse.

   *****

   (g)  Include a specimen showing current use of the mark for each class of
goods or services, unless excusable nonuse is claimed under § 7.37(f)(2).
When requested by the Office, additional specimens must be provided. The
specimen must meet the requirements of § 2.56 of this chapter.

   (h)  The Office may require the holder to furnish such information,
exhibits, affidavits or declarations, and such additional specimens:

   (1)  As may be reasonably necessary to the proper examination of the
affidavit or declaration under section 71 of the Act; or

   (2)  For the Office to assess the accuracy and integrity of the register.

   (3)  The provisions of subsection (h)(2) will no longer be effective on
June 21, 2014.

May 15, 2012                                                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 June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 132 

Patents and Serial Numbers Available for License or Sale
                          Patents and Serial Numbers
                         Available for License or Sale

7,950,702       RECEPTACLE FOR A GATE DROP ROD

Attorney:       Litman Law
                Manassas, VA 20110
Contact:        Daniel Adams
                P.O. Box 1102
                Hoopsport, WA 98548
                (Voice) 360-877-9570
                (Email) adamsdan@HCTC.com


8,037,931       HYBRID WATER HEATING SYSTEM

Attorney:       Robert Hess
                Hess Patent Law Firm
Contact:        Gordan Whelan
                73 Iroquois Road
                Stamford, CT 06902
                (Voice) 203-357-8449
                (Fax)   203-975-0724
                (Email) gordon@ecohybridsolar.com


7,976,110       HYBRID BRAKING SYSTEM

Attorney:       Sanford Piltch
Contact:        Guy T. Rini
                211 Dewberry Dr.
                Winchester, VA 22602
                (Voice) 540-678-4092
                (Fax) 540-678-4092
                (Email) g.rini@comcast.net


8,068,376       LOW LEAKAGE HIGH STABILITY MEMORY ARRAY SYSTEM

Contact:        Hiep Tran
                5017 Willow Ln
                Dallas, TX 75244
                (Voice) 469-222-9615
                (Email) htran@ieee.org


7,018,071       LIGHT APPARATUS

Contact:        Julia Viseysky
                808 Coalport Drive
                Saint Louis, MO 63141
                (Voice) 314-542-9612
                (Email) jviseysky@sbeglobal.net


61/633,611      CARRY MORE

Contact:        Bobby Wright
                Corpus Christi, TX 78408
                (Voice) 361-815-0821
                (Email) cctejas@stx.rr.com


61/633,649      LONG HAULER

 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 133 

Contact:        Bobby Wright
                Corpus Christi, TX 78408
                (Voice) 361-815-0821
                (Email) cctejas@stx.rr.com


12/930,133      CELLULAR PHONE IN A BODY OF A HOME/OFFICE TELEPHONE

Contact:        Miriam Gema Sorondo
                999 Brickell Bay Dr, Apt 908
                Miami, FL 33131
                (Voice) 305-8338
                (Email) miriam_gema@yahoo.com


7,392,729       MULTI KNIFE CUTTING DEVICE

Contact:        Ramesh Baddepudi
                5828 O'Meara Street, Mississauga, ON, L5V 2X3
                Canada
                (Voice) 416-454-9844
                (Email) baddepudi40@yahoo.com
                rameshb2@hotmail.com


61/234,427      90 DEGREE RIGHT OR LEFT ANGLE UTILITY KNIFE BLADE

Attorney:       Adam Thomas
Contact:        Vernon L. Pilkinton
                7820 Bradbury Ave.
                Fort Wayne, IN 46809-2955
                (Voice) 260-444-4908
                (Fax) 260-444-4908
                (Email) vernonpilkinton@yahoo.com

D. 658,310      CONSTRUCTION BRACE

Contact:        Jose Amaral Medeiros
                28 Newstead Cres.
                Brampton, Ontario
                L6V 2A7
                Canada
                (Voice) 905-456-2898
                (Email) joe1962@bell.net


61/626,950      TO REFRESH THE AIR IN A BUILDING OR HOME BY RUNNING
                A FORCED AIR FURNACE

Contact:        Blaine B. White
                24574 Marine Ave.
                Eastpointe, MI 48021
                (Voice) 586-879-6109
                (Email) blainebw@comcast.net


8,154,392       APPARATUS THAT PREPARES AND DELIVERS INTELLIGIBLE
                INFORMATION TO THE HUMAN BRAIN BY STIMULATING THE SENSE
                OF TOUCH IN INTELLIGIBLE PATTERNS WITHIN AN AREA OF SKIN

Contact:        Jose Amaral Medeiros
                28 Newstead Cres.
                Brampton, Ontario
                L6V 2A7
                Canada
                (Voice) 905-456-2898
 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 134 

                (Email) joe1962@bell.net


7,441,781       LIFT SYSTEM FOR RAISING THE REAR OF A TRUCK

Attorney:       Theresa M. Seal, Esq., Registration No. 46,177
Contact:        David P. Gaudio, Esq., The Inventors Network,Inc.
                332 Academy Street, Carnegie, PA 15106
                (Voice) 412-278-0607
                (Fax) 412-2789-1693
                (Email) david@inventorsnetwork.net


8,165,721       INTELLIARE CLIMATE CONTROLLER

Contact:        John A. Petit
                425 Tilden Street
                Watertown, NY 13601
                (Voice) 315-786-1766
                (Email) revjp59@gmail.com


7,847,512       SOLAR POWERED DC LOAD SYSTEM

Attorney:       Chris Carroll
Contact:        Min Carroll
                P.O. Box 236
                Warrenville, IL 60555, USA
                (Voice) 630-518-1741
                (Fax) 630-892-6543
                (Email) mcapps999@gmail.com


8,004,233       SOLAR POWERED WATER PUMP AND ILLUMINATION SYSTEM

Attorney:       Chris Carroll
Contact:        Min Carroll
                P.O. Box 236
                Warrenville, IL 60555, USA
                (Voice) 630-518-1741
                (Fax) 630-892-6543
                (Email) mcapps999@gmail.com


7,748,068       A DECORATION SOLAR PANEL BRIDGE SUPPLYING POWER SOURCES

Attorney:       Chris Carroll
Contact:        Min Carroll
                P.O. Box 236
                Warrenville, IL 60555, USA
                (Voice) 630-518-1741
                (Fax) 630-892-6543
                (Email) mcapps999@gmail.com


8,156,594       DECORATION SOLAR PANEL BRIDGE SUPPLYING POWER SOURCES

Attorney:       Chris Carroll
Contact:        Min Carroll
                P.O. Box 236
                Warrenville, IL 60555, USA
                (Voice) 630-518-1741
                (Fax) 630-892-6543
                (Email) mcapps999@gmail.com


 June 12, 2012 US PATENT AND TRADEMARK OFFICE 1379 OG 135 

D. 605,525      TOOTHBRUSH SHAPED TOOTHPASTE PACKAGE

                Theresa M. Seal., Registration 46,177
                David P.Gaudio, Esq., The Inventors Network,Inc.
                332 Academy Street, Carnegie, PA 15106
                (Voice) 412-278-0607
                (Fax) 412-2789-1693
                (Email) david@inventorsnetwork.net


D. 493,621      SOAP BAR SCRUB BRUSH COMBINATION

Attorney:       David P. Gaudio
Contact:        Marilyn V. Wilson
                Nicole Cole
                4066 Rookwood Ave.
                Indianapolis, IN 46208
                (Voice) 317-408-7863
                (Voice) 317-695-1227
                (Email) mwilson3261@yahoo.com
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 136 

Errata
                                    Errata

   "All reference to Patent No. D. 659,630 to Trevor Lee of Sherwood Park,
Canada for DRIVER SHIELD ASSEMBLY appearing in the Official Gazette of
May 15, 2012 should be deleted since no patent was granted."

   "All reference to Patent No. 8,177,518 to Dennis M. Hilton, et al of
Nashua, NH for AUTOMATED YIELD MONITORING AND CONTROL appearing in the
Official Gazette of May 15, 2012 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,177,589 to Junichi Ono, et al of
Yokkaichi-Shi, Japan for TERMINAL CONNECTOR WITH A CRIMPING PORTION WITH
RECCESSES appearing in the Official Gazette of May 15, 2012 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,177,638 to Bryan M. Kelly, et al of
Alamo, CA for GAMING MACHINE HAVING A CURVED DISPLAY WITH A VIDEO SWITCHER
AND TOUCH ROUTER SYSTEM appearing in the Official Gazette of May 15, 2012
should be deleted since no patent was granted."

   "All reference to Patent No. 8,178,126 to Stelios Tzannis, et al of
Newark, CA for BIOADHESIVE DRUG FORMULATION S FOR ORAL TRANSMUCOSAL
DELIVERY appearing in the Official Gazette of May 15, 2012 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,179,049 to Toshifumi Tanaka, et al of
Toyonaka, Japan for VEHICLE-MOUNTED LOAD CONTROLLER, VEHICLE-MOUNTED
HEADLIGHT DEVICE, AND VEHICLE-MOUNTED TAILLIGHT DEVICE appearing in the
Official Gazette of May 15, 2012 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,179,280 to Mamoru Machida of Kawasaki,
Japan for INTELLIGENT TRANSPORT (IT) SYSTEM USING WIRELESS COMMUNICATION
BETWEEN A ROAD-SIDE DEVICE AND AN IN-VEHICLE DEVICE appearing in the
Official Gazette of May 15, 2012 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,180,424 to Thomas V. Selkee of Claremont,
CA for CATHETER HAVING A FORCE SENSING DIGITAL TIP appearing in the Official
Gazette of May 15, 2012 should be deleted since no patent was granted."

   "All reference to Patent No. 8,180,431 to Assaf Govari, et al of Haifa,
Israel for CATHETER WITH BENDABLE TIP appearing in the Official Gazette of
May 15, 2012 should be deleted since no patent was granted."

   "All reference to Patent No. 8,180,673 to Anantha Pradeep, et al of
Berkeley, CA for INTRACLUSTER CONTENT MANAGEMENT USING NEURO-RESPONSE
PRIMING DATA appearing in the Official Gazette of May 15, 2012 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,180,889 to Kazuichi Oe, et al of Kawasaki,
Japan for SUPPORTING APPARATUS FOR ANALYZING COMPUTER OPERATION STATUS
appearing in the Official Gazette of May 15, 2012 should be deleted since
no patent was granted."

   "All reference to Patent No. 8,180,910 to Steven King, et al of Portland,
OR for MESSAGE COMMINICATION TECHNIQUES appearing in the Official Gazette
of May 15, 2012 should be deleted since no patent was granted."

   "All reference to Patent No. 8,180,912 to James J. Fallon, et al of
Armonk, NY for SYSTEM AND METHODS FOR ACCELERATED DATA STORAGE AND
RETRIEVAL appearing in the Official Gazette of May 15, 2012 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,181,241 to Simon Cooper, et al of
Sunnyvale, CA for RESTRICTION OF PROGRAM PROCESS CAPABILITIES appearing in
the Official Gazette of May 15, 2012 should be deleted since no patent was
granted."
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 137 

Certificates of Correction
                          Certificates of Correction
                               for May 22, 2012

5,703,827             7,958,086             8,078,844             8,126,295
5,751,271             7,958,369             8,080,550             8,126,747
5,973,779             7,960,434             8,081,569             8,126,942
6,011,280             7,962,215             8,083,567             8,127,110
6,043,080             7,965,393             8,085,522             8,127,213
6,514,640             7,965,701             8,085,970             8,127,279
6,704,829             7,966,488             8,086,202             8,127,400
6,863,452             7,968,247             8,086,422             8,129,139
6,866,088             7,970,115             8,087,135             8,130,474
7,057,269             7,972,185             8,088,101             8,130,506
7,185,683             7,973,460             8,088,223             8,130,880
7,386,391             7,973,941             8,088,225             8,130,943
7,489,925             7,986,258             8,088,726             8,131,252
7,507,737             7,998,453             8,088,791             8,131,543
7,519,628             8,001,033             8,088,832             8,131,571
7,595,815             8,001,209             8,088,834             8,133,010
7,609,794             8,001,333             8,089,246             8,133,811
7,634,730             8,001,539             8,090,713             8,134,058
7,666,427             8,002,858             8,090,852             8,134,549
7,724,039             8,003,325             8,092,446             8,134,552
7,732,388             8,003,625             8,092,812             8,134,584
7,759,095             8,005,686             8,093,010             8,136,389
7,768,032             8,015,897             8,097,410             8,136,525
7,777,041             8,017,695             8,097,966             8,136,718
7,791,167             8,034,370             8,098,463             8,137,074
7,791,560             8,039,443             8,098,691             8,137,675
7,818,767             8,049,594             8,099,326             8,137,676
7,843,124             8,050,797             8,099,327             8,137,881
7,854,119             8,051,169             8,102,463             8,139,809
7,858,553             8,051,293             8,105,055             8,139,855
7,869,854             8,051,294             8,105,889             8,140,334
7,888,352             8,051,295             8,107,498             8,140,425
7,890,719             8,051,346             8,108,672             8,140,429
7,891,209             8,053,335             8,109,221             8,141,627
7,901,473             8,053,657             8,109,279             8,145,072
7,907,066             8,055,605             8,114,211             8,148,548
7,910,544             8,057,534             8,115,138             8,148,754
7,919,104             8,062,746             8,115,468             8,149,492
7,921,198             8,063,202             8,115,871             8,149,646
7,927,613             8,063,252             8,123,144             8,152,382
7,943,169             8,063,786             8,123,159             8,154,137
7,943,507             8,064,430             8,124,054             8,154,335
7,945,215             8,065,284             8,124,068             8,155,290
7,945,696             8,067,582             8,124,480             8,155,616
7,945,737             8,072,477             8,124,627             8,155,936
7,947,723             8,073,208             8,125,453             8,160,931
7,952,015             8,073,351             8,125,481             D. 647,567
7,955,060             8,075,469             8,126,282             PP. 22,243
Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print This Notice 1379 OG 138 

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

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
May 7 – May 11, 2012
 

Date Issued Type of Case(1) Proceeding or Appn. Number Party or Parties TTAB Panel (2) Issue(s) 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 or services cited by Examining Attorney Issued as Precedent of TTAB
5-7 EX
 
77408993 Markwort Sporting Goods Company Bucher Zervas* Taylor 2(d) Refusal Affirmed   GAME FACE [protective face mask made of hardened polycarbonate incorporating a strike bar for protecting the entire face from impacts from balls but not eyes from liquids] GAME FACE (with and without design) [goggles for use in paintball activities; paintball protective masks] No
5-7 EX (R) 77308794 77308779 77308822 Modern Woodmen of America Holtzman Taylor Wolfson* 2(d) Refusal Affirmed in each case (Reconsideration granted only in part, and each refusal stands)   MODERN WOODMEN BANK (and design) [checking and savings account services, credit card services, and consumer and mortgage loan services] MODERN WOODMEN GENERAL AGENCY (and design) [insurance brokerage and administration services in the fields of life, disability and health insurance, and for insurance agency services] MODERN WOODMEN FRATERNAL FINANCIAL (and design) [insurance underwriting for fraternal benefit organizations in the field of annuity contracts and life insurance; financial analysis and consultation, financial administration of retirement plans, financial forecasting; banking, investment advisory and insurance agency services; life insurance brokerage] OMAHA WOODMEN [underwriting of insurance] WOODMEN FINANCIAL SERVICES [broker-dealer services and insurance agency services in the field of variable life and annuity insurance policies and mutual funds] WOODMEN MORTGAGE SERVICES [mortgage banking services] WOODMEN INSURANCE AGENCY [general insurance agency] WOODMEN OF THE WORLD [underwriting of life insurance] No
5-7 OPP 91182644 Fruit of the Loom, Inc. v. Thomas Riley, David Saulters and Peter Dragon Holtzman Cataldo* Wellington 2(d); 43(c); No Bona Fide Intent to Use Opposition Sustained on 2(d) claim; dismissed on 43(c) claim; no decision on intent to use FRUIT OF THE LOOM [underwear, lingerie, shirts, tee shirts, tank tops, long sleeve tee shirts, sweatshirts, sweatpants, socks, hosiery leotard tights, shorts, brassieres, panties] BODY FRUIT [footwear; headwear; jackets; pants; shirts; shorts; sweat shirts; undergarments; coats; tank tops]   No
5-8 CANC 92050860 Trans World International, Inc. v. American Strongman Corporation Zervas Cataldo Shaw* 2(d) Petition to Cancel Denied WORLD’S STRONGEST MAN [entertainment in the nature of on-going television programs in the field of sports competitions] AMERICA’S STRONGEST MAN [entertainment in the nature of competitions in the field of strength athletics and strength entertainment]   No
5-8 EX 85066363 24/7 Eats, LLC Kuhlke Wellington Lykos* 2(d) Refusal Affirmed   THE HIGHLINER [restaurant services] HIGHLINER COFFEE CO [café services; carryout restaurant services featuring coffee, candy and baked goods] No
5-9 EX 79063620 Lion Global Investors Limited Quinn Bergsman* Wolfson 2(d) Refusal Affirmed   LION GLOBAL INVESTORS (and design) [investment management and financial advisory services related to pension funds, endowment funds, trust funds and assets of accredited or institutional investors] LION and LION CAPITAL [a wide variety of trust, investment, real estate, asset management and financial services] No
5-10 EX 77701886 77701928 3M Company Quinn Grendel Wellington* 2(e)(5); 1, 2 & 45; 2(f); and identification requirement Refusal under 2(e)(5) and identification requirement both Reversed; Refusal on lack of distinctiveness Affirmed in each application   Configuration of dispenser (one with a claim to particular colors) [hand-sanitizing antiseptic with moisturizers]   No
5-10 CANC
 
92023939 American Computer Associates, Inc. v. Model American Computer Corporation Grendel Bergsman Ritchie* 14(3) Abandonment Petition to Cancel Denied
 
MODEL AMERICAN [computer products] MODEL AMERICAN [computer hardware, namely processor, keyboard, monitor and memory unit and computer utility programs]   No

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



Top of Notices Top of Notices June 12, 2012 US PATENT AND TRADEMARK OFFICE Print Appendix 1379 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 "Mail to be Directed to the
Director of the Patent And Trademark Office" 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.

   Most correspondence may be submitted electronically. See the USPTO's
Electronic Filing System (EFS-Web) internet page
http://www.uspto.gov/patents/process/file/efs/index.jsp 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 patent-related 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
                        Number, 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 (Madison Building)
                        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 Patent        Submission of comments regarding search templates.
 Search Template
 Comments

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 a non-publication request, corrected
                        patent application publication, and 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 as
                        attorney or agent 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.

Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp.


            MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS

   Please address trademark-related correspondence 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 Deputy Commissioner for
Trademark Policy regarding Letters of Protest must be mailed to:

        Letter of Protest
        ATTN: Deputy Commissioner for Trademark 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

Do NOT send any of the following via USPS certified mail or with a
"signature required" option: submissions to the Madrid Processing Unit,
Letters of Protest, applications for recordal of insignia under the
Fastener Quality Act, notifications of Native American Tribal Insignia.

   Trademark-related mail to be delivered by hand or other private courier
or delivery service (e.g., UPS, Federal Express) 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

Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/trademarks/mail.jsp.


           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.

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, or by
facsimile, payments of maintenance fees in patents should be mailed through
the United States Postal Service.

   Mailing address if paying with a check or money order:

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

   Mailing address if paying by credit card or deposit account (or by hand-
delivery):

        Director of the U.S. Patent and Trademark Office
        Attn.: Maintenance Fees
        2051 Jamieson Avenue, Suite 300
        Alexandria, Virginia 22314

   Information about the Maintenance Fee Branch may also be found on the
USPTO's web site at http://www.uspto.gov/about/offices/cfo/finance/receipts_
division.jsp.

                        Deposit Account Replenishments

   To send payment to replenish deposit accounts, send the payments through
the United States Postal Service to:

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

        Or

        Director of the U.S. Patent and Trademark Office
        Attn.: Deposit Accounts
        2051 Jamieson Avenue, Suite 300
        Alexandria, VA 22314

   Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier (e.g., FedEx, UPS, etc.)
may be delivered to:

        Director of the U.S. Patent and Trademark Office
        Attn.: Deposit Accounts
        2051 Jamieson Avenue, Suite 300
        Alexandria, VA 22314

   Information abount deposit account replenishments may also be found on
the USPTO's web site at
http://www.uspto.gov/about/offices/cfo/finance/Deposit_Account_
Replenishments.jsp
Top of Notices Top of Notices
Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Centers
             Reference Collections of U.S. Patents Available for
             Public Use in Patent and Trademark Resource Centers

The following libraries, designated as Patent and Trademark Resource Centers
(PTRCs), 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 PTRC 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
Alaska                  Fairbanks: Keith B. Mather Library,
                        Geophysical Institute,
                        University of Alaska, Fairbanks     (907) 474-2636
Arkansas                Little Rock: Arkansas State
                        Library                             (501) 682-2053
California              Los Angeles Public Library          (213) 228-7220
                        Riverside: University of
                        California, Riverside, Orbach
                        Science Library                     (951) 827-3316
                        Sacramento: California State
                        Library                             (916) 654-0261
                        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: Library and Information
                        Center, Georgia Institute of
                        Technology                          (404) 385-7185
Hawaii                  Honolulu: Hawaii State Library      (808) 586-3477
Illinois                Chicago Public Library              (312) 747-4450
                        Macomb:  Western Illinois
                        University Libraries                (309) 298-2722
Indiana                 Indianapolis-Marion County Public
                        Library                             (317) 269-1741
                        West Lafayette Siegesmund
                        Engineering Library,
                        Purdue University                   (765) 494-2872
Iowa                    Davenport: Davenport Public Library (563) 326-7832
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: Art, Architecture &
                        Engineering Library,
                        University of Michigan              (734) 647-5735
                        Big Rapids: Ferris Library for
                        Information, Technology &
                        Education, Ferris State
                        University                          (231) 592-3602
                        Detroit: Public Library             (313) 481-1391
Minnesota               Hennepin County Library
                        Minneapolis Central Library         (952) 847-8000
Mississippi             Jackson: Mississippi Library
                        Commission                          (601) 961-4111
Missouri                Kansas City: Linda Hall Library     (816) 363-4600
                                                                  Ext. 724
                        St. Louis Public Library            (314) 352-2900
Montana                 Butte: Montana Tech Library of
                        the University of Montana           (406) 496-4281
Nebraska                Lincoln: Engineering Library,
                        University of Nebraska-Lincoln      (402) 472-3411
New Hampshire           Concord: University of New
                        Hampshire School of Law             (603) 513-5130
Nevada                  Reno: University of Nevada, Reno,
                        Mathewson-IGT Knowledge Center      (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: New York Public Library,
                        Science Industry & Business Library (212) 592-7000
North Carolina          Charlotte: J. Murrey Atkins
                        Library,                            (704) 687-2241
                        University of North Carolina at
                        Charlotte                           (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
Pennsylvania            Philadelphia, The Free Library of   (215) 686-5394
                        Pittsburgh, Carnegie Library of     (412) 622-3138
                        University Park: PAMS Library,
                        Pennsylvania State University       (814) 865-7617
Puerto Rico             Bayamon: Learning Resources Center,
                        University of Puerto Rico           (787) 993-0000
                                                                 Ext. 3222
                        Mayaquez General Library,
                        University of Puerto Rico           (787) 832-4040
                                                                 Ext. 2023
                        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 and
                        Engineering Library, Vanderbilt
                        University                          (615) 322-2717
Texas                   Austin: McKinney Engineering
                        Library, University of Texas at
                        Austin                              (512) 495-4511
                        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
Wisconsin               Wendt Commons Library,
                        University of Wisconsin-Madison     (608) 262-0696
                        Milwaukee Public Library            (414) 286-3051
Wyoming                 Cheyenne: Wyoming State Library     (307) 777-7281
Top of Notices Top of Notices
Patent Technology Centers
PATENT TECHNOLOGY CENTERS
AVERAGE FILING DATE OF APPLICATIONS RECEIVING A FIRST OFFICE ACTION IN THE LAST 3 MONTHS1
Technology
Center
GAU Avg Filing Date
1600 BIOTECHNOLOGY, AND ORGANIC CHEMISTRY
  1610 10/18/2010
  1620 10/21/2010
  1630 10/09/2010
  1640 12/02/2010
  1650 09/20/2010
  1660 03/01/2011
  TOTAL 10/24/2010
     
1700 CHEMICAL AND MATERIALS ENGINEERING AND DESIGNS
  1710 04/09/2010
  1720 04/09/2010
  1730 11/05/2010
  1740 10/06/2010
  1750 06/03/2010
  1760 11/14/2010
  1770 07/31/2010
  1780 06/27/2010
  1790 03/28/2010
  TOTAL 07/25/2010
     
2100 COMPUTER ARCHITECTURE AND SOFTWARE
  2110 03/22/2010
  2120 03/22/2010
  2140 35/25/2010
  2150 09/11/2010
  2160 10/24/2010
  2170 04/24/2010
  2180 05/10/2010
  2190 04/24/2009
  TOTAL 04/06/2010
     
2400 NETWORKING, MULTIPLEXING, CABLE AND SECURITY
  2420 01/05/2010
  2430 12/15/2009
  2440 07/06/2010
  2450 05/07/2010
  2460 12/12/2009
  2470 01/26/2010
  2480 09/24/2009
  2490 11/02/2009
  TOTAL 01/23/2010
     
2600 COMMUNICATIONS
  2610 04/18/2010
  2620 12/30/2009
  TOTAL 02/20/2010
     
2800   SEMICONDUCTORS/MEMORY, CIRCUITS/MEASURING AND TESTING, OPTICS/PHOTOCOPYING
  2810 10/24/2010
  2820 09/17/2010
  2830 08/03/2010
  2840 07/19/2011
  2850 05/04/2010
  2860 05/13/2010
  2870 08/12/2010
  2880 08/21/2010
  2890 10/09/2010
  TOTAL 08/15/2010
     
2900    
  2910 07/28/2011
  TOTAL 07/28/2011
     
3600     TRANSPORTATION, CONSTRUCTION, ELECTRONIC COMMERCE, AGRICULTURE, NATIONAL SECURITY AND LICENSE AND REVIEW
  3610 09/11/2010
  3620 08/21/2010
  3630 10/15/2010
  3640 08/27/2010
  3650 06/12/2010
  3660 03/28/2010
  3670 09/14/2010
  3680 08/24/2010
  3690 11/14/2010
  TOTAL 08/21/2010
     
3700   MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS
  3710 07/25/2010
  3720 02/21/2012
  3730 05/16/2010
  3740 11/17/2009
  3750 04/06/2010
  3760 05/16/2010
  3770 02/17/2010
  3780 03/01/2010
  TOTAL 03/31/2010
     
  1 Report last updated on 4-30-12.
Top of Notices Top of Notices