¶ 10.01 Withdrawal From Issue, Fee Not Paid
In re Application of [1] : Appl. No.: [2]: : WITHDRAWAL FROM ISSUE Filed: [3] : 37 CFR 1.313 For: [4] :
The purpose of this communication is to inform you that the above identified application is being withdrawn from issue pursuant to 37 CFR 1.313.
The application is being withdrawn to permit reopening of prosecution. The reasons therefor will be communicated to you by the examiner.
U.S. Patent and Trademark Office records reveal that the issue fee and the publication fee have not been paid. If the issue fee and the publication fee have been submitted, the applicant may request a refund, or may request that the fee be credited to a deposit account. However, applicant may wait until the application is either again found allowable or held abandoned. If the application is allowed, upon receipt of a new Notice of Allowance and Fee(s) Due, applicant may request that the previously submitted issue fee and publication fee be applied toward payment of the issue fee and publication fee in the amount identified on the new Notice of Allowance and Fee(s) Due. If the application is abandoned, applicant may request either a refund or a credit to a specified Deposit Account.
The application is being forwarded to the examiner for action.
______________________
[5]
Director,
Technology Center [6]
[7]
Examiner Note:
1. This letter is printed with the USPTO letterhead and must be signed by the TC Director.
2. DO NOT use this form letter if the issue fee and publication fee have been paid.
3. In bracket 7, insert the correspondence address of record.
¶ 10.13 Petition Under 37 CFR 1.324, Granted
In re Patent No. [1] : Issue Date: [2] : DECISION Appl. No.: [3] : GRANTING Filed: [4] : PETITION For: [5] : 37 CFR 1.324
This is a decision on the petition filed [6] to correct inventorship under 37 CFR 1.324.
The petition is granted.
The patented file is being forwarded to Certificates of Correction Branch for issuance of a certificate naming only the actual inventor or inventors.
_______________________
[7]
Supervisory Patent Examiner,
Art Unit [8],
Technology Center [9]
[10]
Examiner Note:
1. Petitions to correct inventorship of an issued patent are decided by the Supervisory Patent Examiner, as set forth in the Commissioner’s memorandum dated June 2, 1989.
2. In bracket 10, insert the correspondence address of record.
3. This form paragraph is printed with the USPTO letterhead.
4. Prepare Certificate using form paragraph 10.15.
¶ 10.14 Treatment of Request Under 37 CFR 1.48 Petition Under 37 CFR 1.324, Petition Granted
In re Patent No. [1] : Issue Date: [2] : DECISION Appl. No.: [3] : GRANTING Filed: [4] : PETITION For: [5] : 37 CFR 1.324
This is a decision on the request under 37 CFR 1.48, filed [6]. In view of the fact that the patent has already issued, the request under 37 CFR 1.48 has been treated as a petition to correct inventorship under 37 CFR 1.324.
The petition is granted.
The patented file is being forwarded to Certificates of Correction Branch for issuance of a certificate naming only the actual inventor or inventors.
_______________________
[7]
Supervisory Patent Examiner,
Art Unit [8],
Technology Center [9]
[10]
Examiner Note:
1. Petitions to correct inventorship of an issued patent are decided by the Supervisory Patent Examiner, as set forth in the Commissioner’s memorandum dated June 2, 1989.
2. This form paragraph is printed with the USPTO letterhead.
3. Prepare Certificate using form paragraph 10.15.
4. In bracket 10, insert the correspondence address of record.
¶ 10.15 Memorandum - Certificate of Correction (Inventorship)
DATE: [1] TO: Certificates of Correction Branch FROM: [2], SPE, Art Unit [3] SUBJECT: Request for Certificate of Correction
Please issue a Certificate of Correction in U. S. Letters Patent No. [4] as specified on the attached Certificate.
______________________
[5], SPE
Art Unit [6]
UNITED STATES PATENT AND TRADEMARK OFFICE CERTIFICATE Patent No. [7] Patented: [8]
On petition requesting issuance of a certificate for correction of inventorship pursuant to 35 U.S.C. 256, it has been found that the above identified patent improperly sets forth the inventorship. Accordingly, it is hereby certified that the correct inventorship of this patent is:
[9]
_________________________
[10], Supervisory Patent Examiner
Art Unit [11]
Examiner Note:
1. In bracket 9, insert the full name and residence (City, State) of each actual inventor.
2. This is an internal memo, not to be mailed to applicant, which accompanies the patented file to Certificates of Correction Branch as noted in form paragraphs 10.13 and 10.14.
3. In brackets 5 and 10, insert name of SPE; in brackets 6 and 11 the Art Unit and sign above each line.
4. Two separate pages of USPTO letterhead will be printed when using this form paragraph.
¶ 10.16.fti Petition Under 37 CFR 1.324 filed prior to September 16, 2012, Dismissed
In re Patent No. [1] : Issue Date: [2] : DECISION Appl. No.: [3] : DISMISSING Filed: [4] : PETITION For: [5] : 37 CFR 1.324
This is a decision on the petition filed [6] to correct inventorship under 37 CFR 1.324.
The petition is dismissed.
A petition to correct inventorship under 37 CFR 1.324 filed before September 16, 2012, requires (1) a statement from each person who is being added as an inventor that the inventorship error occurred without any deceptive intention on their part, (2) a statement from the current named inventors (including any "inventor" being deleted) who have not submitted a statement as per "(1)" either agreeing to the change of inventorship or stating that they have no disagreement in regard to the requested change, (3) a statement in compliance with 3.73(b) from all assignees of the parties submitting a statement under "(1)" and "(2)" agreeing to the change of inventorship in the patent; and (4) the fee set forth in 37 CFR 1.20(b).This petition lacks item(s) [7].
_______________________
[8]
Supervisory Patent Examiner,
Art Unit [9],
Technology Center [10]
[11]
Examiner Note:
1. If each of the four specified items has been submitted but one or more is insufficient, the petition should be denied. See form paragraph 10.17. However, if the above noted deficiency can be cured by the submission of a renewed petition, a dismissal would be appropriate.
2. If the petition includes a request for suspension of the rules (37 CFR 1.183 ) of one or more provisions of 37 CFR 1.324 that are required by the statute (35 U.S.C. 256 ), form paragraph 10.18 should follow this form paragraph.
3. In bracket 7, pluralize as necessary and insert the item number(s) which are missing.
4. In bracket 11, insert correspondence address of record.
5. This form paragraph is printed with the USPTO letterhead.
6 This form paragraph should only be used if the petition under 37 CFR 1.324 was filed before September 16, 2012. If the petition was filed on or after September 16, 2012, use form paragraph 10.16.01.
¶ 10.16.01 Petition Under 37 CFR 1.324 filed on or after September 16, 2012, Dismissed
In re Patent No. [1] :
Issue Date: [2] : DECISION
Appl. No.: [3] : DISMISSING
Filed: [4] : PETITION
For: [5] : 37 CFR 1.324
This is a decision on the petition filed [6] to correct inventorship under 37 CFR 1.324.
The petition is dismissed.
A petition to correct inventorship under 37 CFR 1.324 filed on or after September 16, 2012, requires (1) a statement from each person who is being added as an inventor and each person who is currently named as an inventor (including any "inventor" being deleted) either agreeing to the change of inventorship or stating that he or she has no disagreement in regard to the requested change, (2) a statement in compliance with 37 CFR 3.73(c) from all assignees of the parties submitting a statement under "(1)" agreeing to the change of inventorship in the patent; and (3) the fee set forth in 37 CFR 1.20(b). This petition lacks item(s) [7].
_______________________
[8]
Supervisory Patent Examiner,
Art Unit [9],
Technology Center [10]
[11]
Examiner Note:
1. If each of the three specified items has been submitted but one or more is insufficient, the petition should be denied. See form paragraph 10.17. However, if the above noted deficiency can be cured by the submission of a renewed petition, a dismissal would be appropriate.
2. If the petition includes a request for suspension of the rules (37 CFR 1.183 ) of one or more provisions of 37 CFR 1.324 that are required by the statute (35 U.S.C. 256 ), form paragraph 10.18 should follow this form paragraph.
3. In bracket 7, pluralize as necessary and insert the item number(s) which are missing.
4. In bracket 11, insert correspondence address of record.
5. This form paragraph is printed with the USPTO letterhead.
¶ 10.17 Petition Under 37 CFR 1.324, Denied
In re Patent No. [1] : Issue Date: [2] :DECISION DENYING PETITION Appl. No.: [3] : 37 CFR 1.324 Filed: [4] : For: [5] :
This is a decision on the petition filed [6] to correct inventorship under 37 CFR 1.324.
The petition is denied.
[7]
_______________________
[8]
Supervisory Patent Examiner,
Art Unit [9],
Technology Center [10]
[11]
Examiner Note:
1. In bracket 7, a full explanation of the deficiency must be provided.
2. If the petition lacks one or more of the required parts set forth in 37 CFR 1.324, it should be dismissed using form paragraph 10.14 or 10.20, rather than being denied.
3. In bracket 11, insert correspondence address of record.
4. This form paragraph is printed with the USPTO letterhead.
¶ 10.18 Waiver of Requirements of 37 CFR 1.324 Under 37 CFR 1.183, Dismissed
Suspension of the rules under 37 CFR 1.183 may be granted for any requirement of the regulations which is not a requirement of the statutes. In this instance, 35 U.S.C. 256 requires [1]. Accordingly, the petition under 37 CFR 1.183 is dismissed.
Examiner Note:
1. This form paragraph should follow form paragraph 10.16.fti whenever the petition requests waiver of one or more of the provisions of 37 CFR 1.324 that are also requirements of 35 U.S.C. 256.
2. If the petition requests waiver of requirements of 37 CFR 1.324 that are not specific requirements of the statute (i.e., the fee or the oath or declaration by all inventors), the application must be forwarded to a petitions attorney in the Office of the Deputy Commissioner for Patent Examination Policy for decision.
¶ 10.19 Memorandum - Certificate of Correction (Cross-Reference to Other Reissues in Family)
DATE: [1]
TO: Certificates of Correction Branch
FROM: [2], SPE, Art Unit [3]
SUBJECT: Request for Certificate of Correction
Please issue a Certificate of Correction in U. S. Letters Patent No. [4] as specified on the attached Certificate.
______________________
[5], SPE
Art Unit [6]
UNITED STATES PATENT AND TRADEMARK OFFICE CERTIFICATE
Patent No. [7]
Patented: [8]
The present reissue patent issued from an application that is one of a family of divisional reissue applications resulting from Patent No. [9]. The present reissue patent has issued without the cross reference to the other reissue application(s) of the family which is required pursuant to 37 CFR 1.177(a). Accordingly, insert in the first sentence of the specification as follows:
Notice: More than one reissue application has been filed for the reissue of patent [9]. The reissue applications are [10].
_________________________
[11], Supervisory Patent Examiner
Art Unit [12]
Examiner Note:
1 In bracket 9, insert the patent number of the patent for which multiple reissue divisional applications have been filed.
2 This is an internal memo and must not be mailed to the applicant. This memo should accompany the patented file to the Certificates of Correction Branch as noted in form paragraphs 10.13 and 10.14.
3. In brackets 5 and 11, insert the name of SPE and provide the signature of the SPE above each line.
4. In brackets 6 and 12, insert the Art Unit number.
5. Two separate pages of USPTO letterhead will be printed when using this form paragraph.
6. In bracket 10, identify each of the reissue applications (including the present application) and their relationship within the family of reissue applications, and to the original patent.
¶ 10.20 Petition or Request Dismissed, Proper Fee Not Submitted
Applicant’s petition or request under 37 CFR [1] filed [2] is DISMISSED because the proper petition or processing fee of [3] required under 37 CFR 1.17 has not been submitted.
Examiner Note:
1. Requests under 37 CFR 1.48 for correcting inventorship require a fee as set forth in 37 CFR 1.17(i).
2. Petitions to suspend action under 37 CFR 1.103(a) require a fee as set forth in 37 CFR 1.17(g).
3. Petitions to withdraw an application from issue under 37 CFR 1.313 require a fee as set forth in 37 CFR 1.17(h).
4. Petitions for an extension of time under 37 CFR 1.136(a) require varying fees. See 37 CFR 1.17(a)(1)-(5).
5. Requests to suspend action under 37 CFR 1.103(b) or (c) require a fee set forth in 37 CFR 1.17(i).
6. Requests to defer examination under 37 CFR 1.103(d) require a fee set forth in 37 CFR 1.17(i) and publication fee set forth in 37 CFR 1.18(d).
¶ 10.30 Petition Header Information
In re Application of: [1] : Appl. No.: [2] : DECISION ON PETITION Filed: [3] : [5] For: [4] :