305.02(g)   Correspondence Deposited as First Class Mail Pursuant to 37 C.F.R. §2.197 and Returned by the U.S. Postal Service

The USPS requires that all domestic first class mail that weighs 16 ounces or more be presented to a retail clerk at a USPS office.  All such mail that is not presented to a retail clerk at a USPS office (e.g., is placed in a mailbox) will be returned by the USPS.  The USPS has posted notice of this requirement on mailboxes.  The "Express Mail" service of the USPS is not affected.

Correspondence must be deposited with the USPS as first class mail in compliance with any and all applicable requirements of the USPS to be considered "[d]eposited with the U.S. Postal Service," within the meaning of 37 C.F.R. §2.197(a)(1)(i)(A).  Therefore, correspondence returned by the USPS as not mailed in compliance with USPS requirements concerning mail weighing sixteen ounces or more is not entitled to any benefit under 37 C.F.R. §2.197.  See notice at 1192 TMOG 43 (Nov. 12, 1996).