Beruflich Dokumente
Kultur Dokumente
The comments will be available for Stat. 1501 (1999). The AIPA provided
public inspection at the Office of the for publication of patent applications
Commissioner for Patents, located in eighteen months after the earliest date
Madison East, Tenth Floor, 600 Dulany for which priority benefit was sought
Street, Alexandria, Virginia, and will be (amending title 35 of the United States
available via the Office Internet Web site Code to add paragraph (b) to section
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Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Proposed Rules 9255
122). In exchange for this pre-issue The proposed rule change brings the instituted. Like the decisions in
public disclosure, the AIPA also Office practice regarding biological Argoudelis and Hawkins, the rule
provided a provisional right under 35 deposits in line with the publication of established in Lundak is superseded by
U.S.C. 154(d) to obtain a reasonable patent applications under AIPA. Courts the AIPA.
royalty if the invention as claimed in have consistently recognized that an The Office did not implement a rule
the published patent application is applicant must have provided the Office change requiring unrestricted access to
substantially identical to the invention with an enabling disclosure no later biological deposits referenced in
claimed in any patent that might issue than the time an invention is disclosed published patent applications at the
therefrom, and certain other conditions to the public. Prior to publication of time the patent application publication
are met. patent applications under the AIPA, rules were put in place because a report
In amending 35 U.S.C. 122, Congress disclosure occurred simultaneously to Congress required by the AIPA was
made it clear that only those patent with patent issuance. Thus, earlier court still pending at that time. Section 4805
application publications which provide decisions held that deposits needed to of the AIPA required that the
an enabling disclosure of the claimed be perfected at the time the patent Comptroller General (in consultation
invention would be entitled to became public, i.e., at the issue date. For with the Office) conduct a study and
provisional rights under 35 U.S.C. example, in In re Hawkins the court submit a report to Congress on the
154(d). Although the AIPA allowed for stated that ‘‘the function of section 112 potential risks to the biotechnology
certain applications to be published in in ensuring complete public disclosure industry in the United States relating to
redacted form, any redacted application is only violated if the disclosure is not release of biological material deposited
was nevertheless required to contain a complete at the time it is made public, in support of biotechnology patents, and
disclosure that would allow a person i.e., at the issue date.’’ In re Hawkins, that the Office consider the
skilled in the art to make and use the 486 F.2d 569, 574, 179 USPQ 157, 161 recommendations of such study in
subject matter of the claim. ‘‘The (CCPA 1973). In In re Argoudelis, the drafting regulations affecting deposits of
provisions of section 154(d) shall not court specifically referred to the biological material (including any
apply to a claim if the description of the regulation concerning conditions for modification of § 1.801 et seq.). The
making a patent application public, 37 study required by Section 4805 of the
invention published in the redacted
CFR 1.14, when it stated, ‘‘The cultures AIPA was completed in October of
application filed under this clause with
are to be made available to the public 2000. See Deposits of Biological
respect to the claim does not enable a
upon issuance of a United States patent Materials in Support of Certain Patent
person skilled in the art to make and use
which refers to such deposit and prior Applications, GAO–01–49 (Oct. 2000).
the subject matter of the claim.’’ 35
to issuance of said patent under the This report may be obtained: (1) By mail
U.S.C. 122(b)(2)(B)(v). By allowing for
conditions specified in Rule 14.’’ In re addressed to the Government
provisional rights only where the patent
Argoudelis, 434 F.2d 1390, 1393, 168 Accountability Office, 441 G Street,
publication contains an enabling
USPQ 99, 102 (CCPA 1970). NW., Washington, DC 20548; (2) by
disclosure, Congress again reinforced
In the era since Hawkins and telephone at (202) 512–6000, facsimile
the notion that exchange for the rights Argoudelis were decided, Congress at (202) 512–6061, or TDD (202) 512–
associated with a patent grant an changed the law to require that most 2537; or (3) via the Government
inventor must disclose his invention in patent applications be published Accountability Office’s Internet Web
such a manner that would allow the eighteen months after filing, and to site at http://www.gao.gov.
public to make and use it without grant provisional rights under certain The Office had previously proposed
undue experimentation. conditions. Publication of patent changes to § 1.809 in order to reduce
When an invention involves applications under the AIPA means that delays after allowance of a patent
biological material, sometimes words the patent issue date is no longer ‘‘the application. See Changes to Implement
and drawings alone cannot sufficiently time [the patent disclosure] is made the Patent Business Goals, 64 FR 53771
describe how to make and use it. As a public,’’ or the time when ‘‘the (Oct. 4, 1999), 1228 Off. Gaz. Pat. Office
supplement to the printed written conditions of Rule 14 are met.’’ At least 15 (Nov. 2, 1999) (proposed rule). The
description of an invention, courts have one commentator has stated that a result GAO study did not contain any
sanctioned a procedure in which of the changes brought about by the recommendations related to the Office’s
biological material may be deposited AIPA is that there is now a requirement proposal to amend § 1.809 to revise the
with an appropriate holding facility for release of a biological deposit at time period within which a deposit of
under conditions which ensure that the publication. See Michelle Henderson, biological material (if needed) must be
sample is properly maintained, and ‘‘International Harmonization Brought made after allowance of an application.
made available to others when about by the American Inventors Accordingly, the Office has already
appropriate. Protection Act Compels Early Release of amended § 1.809 to provide that the
For biological inventions, for which the Biological Deposit,’’ 42 IDEA: The period of time within which the deposit
providing a description in written form is not Journal of Law and Technology 361 must be made in order to avoid
practicable, one may nevertheless comply (2002). abandonment is not extendable under
with the written description requirement by In a more recent case involving § 1.136(a) or (b) if set forth in a ‘‘Notice
publicly depositing the biological material enablement supported by a biological of Allowability’’ or in an Office action
* * *. Such description is the quid pro quo deposit, the Federal Circuit held that having a mail date on or after the mail
of the patent system; the public must receive ‘‘the availability of a sample to the date of a ‘‘Notice of Allowability.’’ See
meaningful disclosure in exchange for being public after the patent has issued will Changes to the Time Period for Making
excluded from practicing the invention for a
meet the enablement requirement.’’ In re any Necessary Deposit of Biological
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9256 Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Proposed Rules
biotechnology industry that the public invention. With few limited exceptions, reference to the deposit is included in
could obtain the deposit and reproduce the patent statutes do not distinguish the patent application publication.
the invention with minimal effort and among different fields of endeavor. The Office serves as a guardian of the
expense, but ‘‘found no documented Significantly, section 122 of Title 35 public interest when it examines patent
cases of a person or an organization does not authorize the Office to refrain applications and issues those which
having ever obtained a sample of a from making some portion of an meet statutory requirements, including
biological deposit and then using it to applicant’s disclosure public simply the requirement of an adequate
infringe on the patent.’’ GAO–01–49 at because it is in the form of a deposit of disclosure. See In re Russell, 439 F.2d
4. Nevertheless, the report concluded biological material. Parity of treatment 1228, 1230, 169 USPQ 426, 428 (CCPA
that ‘‘the statute does not require an regardless of the type of invention 1971) (‘‘[T]here is a public interest in
associated release of a biological deposit involved has been espoused by the granting valid patents * * * .’’). By
concurrent with 18-month publication Federal Circuit, which stated recently instituting the proposed rule changes,
because even though the application that this court accords the same the Office will ensure that patent
may refer to the biological deposit, the treatment to all forms of invention. application publication documents
deposit itself is not part of the Eolas Techs Inc. v. Microsoft Corp., 399 requiring a deposit of biological material
application.’’ GAO–01–49 at 5. F.3d 1325, 1339, 73 USPQ2d 1782, 1794 to comply with the disclosure
Although no reference is provided, the (Fed. Cir. 2005) (citing TRIPs requirements of 35 U.S.C. 112, first
report appears to be relying for support Agreement, Part II, Section 5 (1994) paragraph, will be fully available as
of this assertion on the CCPA’s (‘‘[P]atents shall be available and patent prior art as of the date of publication. If
statement in In re Argoudelis that ‘‘[t]he rights enjoyable without discrimination a patent application publication does
deposits are not a part of the patent as to the place of invention[ ][and] the not comply with the disclosure
application * * *. ’’ 434 F.2d 1390, field of technology * * *.’’)). By requirements of 35 U.S.C. 112, first
1394, 168 USPQ 99, 103 (CCPA 1970). providing for unrestricted access to paragraph, as of its publication date, the
The focus in Argoudelis, however, deposited material upon publication, patent application publication cannot
appears to have been on an Office the Office will ensure that uniform serve as anticipatory prior art under 35
position that the Office did not control standards for public release of a patent U.S.C. 102(a) and (b), and possibly (e).
the deposited material for the purpose disclosure apply regardless of the field See Elan Pharms., Inc. v. Mayo Found.
of ensuring continued enablement, and of the invention. for Med. Educ. & Research, 346 F.3d
in no way implied that the application 1051, 1054, 68 USPQ2d 1373, 1375
In order to ensure that the public (Fed. Cir. 2003) (‘‘To serve as an
complied with 35 U.S.C. 112 without receives a meaningful disclosure of an
the deposit. This passage places the anticipating reference, the reference
invention in a patent application must enable that which it is asserted to
quote in context: publication, provisional rights may anticipate.’’) (quoting Amgen, Inc. v.
The only rational ground for concern on accrue to the patentee only if the claims Hoechst Marion Roussel, Inc., 314 F.3d
the part of the Patent Office appears to be for in the patent are substantially identical 1313, 1354, 65 USPQ2d 1385, 1416
the permanent availability of the deposited to those in the published application.
microorganism. The deposits are not a part of
(Fed. Cir. 2003) (‘‘A claimed invention
See 35 U.S.C. 154(d). The specification cannot be anticipated by a prior art
the patent application, and the Patent Office of a patent application must also
exercises no control over them. This concern reference if the allegedly anticipatory
comply with 35 U.S.C. 112. See 35 disclosures cited as prior art are not
may be justified in some situations.
U.S.C. 111(b)(1)(A). If a deposit of enabled.’’); Bristol-Myers Squibb v. Ben
Id. at 1393–94, 168 USPQ at 103. biological material to comply with 35 Venue Labs., Inc., 246 F.3d 1368, 1374,
Moreover, the Argoudelis court U.S.C. 112 is necessary to preserve the 58 USPQ2d 1508, 1512 (Fed. Cir. 2001)
recognized that the deposit would be availability of provisional rights under (‘‘To anticipate, the reference must also
withheld from the public in accordance 35 U.S.C. 154(d), the disclosure of the enable one of skill in the art to make
with the United States Patent Office invention must contain a specific and use the claimed invention.’’); PPG
Rules of Practice, Rule 14. Id. at 1391, reference to a depository accession Indus., Inc. v. Guardian Indus. Corp., 75
168 USPQ at 101 (quoting cover letter number of the biological material, or be F.3d 1558, 1566, 37 USPQ2d 1618, 1624
from the appellant to the depository amended to contain such a reference in (Fed. Cir. 1996) (‘‘To anticipate a claim,
accompanying the deposit). As a result, sufficient time to allow for the accession a reference must disclose every element
although the deposit was not physically number to be included in the patent of the challenged claim and enable one
within the application file, the Office’s application publication. A reference to skilled in the art to make the
rules related to access to application an accession number which appears in anticipating subject matter.’’).
files still governed access to the deposit. papers related to a patent application Absent a requirement for deposit prior
Thus, while the GAO’s statement is true but not in the disclosure itself is not to publication coupled with release of
insofar as the deposit is not physically sufficient. Although application-related the deposited material upon
part of the application, a deposit is part papers are generally made available to publication, an otherwise anticipatory
of the application in the sense that an the public upon publication of the patent application publication could fail
applicant’s disclosure may be non- application, see § 1.14(a)(1)(ii) and (iii), to qualify as prior art. It is not in the
enabling or not adequately described such papers are not part of the public interest to allow arbitrariness in
without it. disclosure of the patent or patent the date of deposit to disqualify a patent
The proposed requirement for application publication itself. As a application publication as prior art,
unrestricted access to a deposited result, if the patent application itself is when the publication otherwise fully
biological material upon publication of not originally filed with a reference to discloses an invention. The proposed
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a patent application that makes the accession number, a substitute rule changes take steps to ensure that
reference to it will ensure that the specification in compliance with patent application publications will be
public has the same level of access to § 1.125(b) should be filed at least four available as prior art as of their
the disclosure of an invention involving months before the projected publication publication date, and can therefore be
biological materials as it does to the date of the patent application used to prevent issuance of patents
disclosure of any other category of publication in order to ensure that the which do not represent a contribution to
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Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Proposed Rules 9257
public knowledge. See Constant v. deposit of biological material. Paragraph number referring to the deposit, as well
Advanced Micro-Devices, Inc., 848 F.2d (c) is proposed to be revised to refer to as either the patent application
1560, 1564, 7 USPQ2d 1057, 1059 (Fed. paragraph (b) in general rather than each publication number and publication
Cir. 1988) (‘‘Public policy requires that of the numbered paragraphs of (b) so date, or the patent number and issue
only inventions which fully meet the that if paragraph (b) is amended in the date of the patent, instead of only the
statutory standards are entitled to future, no amendments would be patent number and issue date.
patents.’’). required to paragraph (c). Section 1.809: Section 1.809(a) is
A requirement for deposit of the Section 1.163: Section 1.163 is proposed to be amended to clarify that
biologic material prior to publication amended by revising paragraph (c)(1) to the examiner’s rejection may be under
would be a significant step toward delete ‘‘, which may include an any appropriate statutory provision.
harmonizing United States practice with introductory portion stating the name, Section 1.809(b)(1) is proposed to be
that of the European Patent Office citizenship, and residence of the amended to delete ‘‘either’’ and ‘‘, or
(EPO). The proposed rules require that applicant,’’ redesignating paragraphs assuring the Office in writing that an
a deposit necessary for compliance with (c)(6) through (c)(11) as paragraphs acceptable deposit will be made.’’
35 U.S.C. 112 be made before technical (c)(7) through (c)(12), and adding a new Section 1.809(b)(2) is proposed to be
preparations for publication of the paragraph (c)(6) to provide a section amended to delete the text after
application as a patent application heading for a reference to a deposit of ‘‘nonresponsive’’ and to insert in place
publication have begun, whereas in biological material. thereof ‘‘A request to hold the making
Europe any deposit necessary for Section 1.804: Section 1.804 is of the deposit in abeyance will not be
compliance with the disclosure proposed to be amended to provide that considered a bona fide attempt to
requirement of Article 83 of the if a biological material is necessary to advance the application to final action
European Patent Convention (EPC) must preserve the availability of provisional (§ 1.135(c)).’’
have been made at or before filing. EPC rights under 35 U.S.C. 154(d), the Section 1.809(c) is proposed to be
Rule 28(1)(a). Thus the timing deposit of the biological material must amended to delete ‘‘and the Office has
requirements for deposits are not be made prior to filing an application or received a written assurance that an
identical, and even under the proposed during the pendency of an application, acceptable deposit will be made.’’
rules it would remain the case that an provided that the deposit is made before Section 1.809(e) is proposed to be
EP application risks losing benefit of a technical preparations for publication of amended to delete ‘‘before or with the
United States priority application unless the application as a patent application payment of the issue fee (see § 1.312)’’
the deposit had been made at or before publication have begun (see § 1.215(a)). and to insert ‘‘(1) within a period of
filing in the United States. However, Section 1.808: Section 1.808(a)(1) is sixteen months after the date of filing of
under the proposed changes to proposed to be amended to change the application or, if the benefit of an
§ 1.809(e), as well as under EPC Rule ‘‘122’’ to ‘‘122(a)’’ and to make earlier filing date is sought under 35
28(2)(a), an amendment to a patent grammatical corrections. Section U.S.C. 119(e), 120, 121, or 365(c), within
application to make reference to a 1.808(a)(2) is proposed to be amended to the later of four months of the actual
deposit must be made in sufficient time provide that all restrictions imposed by filing date of the later-filed application
so that the reference will be included in the depositor will be irrevocably and sixteen months from the filing date
the patent application publication. Thus removed upon the earlier of publication of the prior-filed application; and (2)
members of the interested public, for of the application under § 1.211 and 35 before or with any request for early
both U.S. applications and those filed in U.S.C. 122(b) or grant of the patent, and publication (§ 1.219).’’ Of course,
the EPO, will be informed of the to indicate that the rule applies § 1.312 continues to apply, and the
existence of the deposited material and regardless of whether the deposit was amendment cannot be filed after
be able to request its release upon made to satisfy a statutory provision. payment of the issue fee. By providing
publication at eighteen months. Section 1.808(b) is amended to add that the amendment should be filed at
‘‘before the patent is granted or’’ before a set time related to publication of the
Discussion of Specific Rules ‘‘term of the patent.’’ application, the application should be
Title 37 of the Code of Federal Section 1.808(c) is amended to published with the required deposit
Regulations, Part 1, is proposed to be provide that the Office will, on request, information.
amended as follows: certify that an application referring to
Section 1.77: Section 1.77 is proposed the deposit has been filed, that the Rulemaking Considerations
to be amended by revising paragraph subject matter of that application Administrative Procedure Act: This
(b)(1) to delete ‘‘, which may be involves the deposited biological notice does not propose to add any new
accompanied by an introductory portion material or the use thereof, that the fees or new requirements to the rules of
stating the name, citizenship, and application has been published or practice. Rather, this notice proposes to
residence of the applicant (unless patented or is otherwise open to public change the time period for compliance
included in the application data sheet),’’ inspection, and that the requesting party with existing requirements of the rules
by redesignating paragraphs (b)(6) has a right to a sample of the biological of practice in 37 CFR 1.801 et seq.
through (b)(12) as paragraphs (b)(7) material. This is the certification called Therefore, the changes proposed in this
through (b)(13), adding a new paragraph for in Rule 11.3 of the Regulations notice involve only rules of agency
(b)(6), and revising paragraph (c). Under the Budapest Treaty on the practice and procedure under 5 U.S.C.
Having the name, citizenship and International Recognition of the Deposit 553(b)(B). See Bachow Communications
residence of each applicant on the title of Microorganisms for the Purposes of Inc. v. FCC, 237 F.3d 683, 690 (DC Cir.
page suggests that such information Patent Procedure. A form, BP/12, is 2001) (rules governing an application
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should be changed if the information provided on the World Intellectual process are ‘‘rules of agency
changes, and to avoid any need for an Property Organization’s Internet Web organization, procedure, or practice’’
amendment, this information should not site (http://www.wipo.int) for this and are exempt from the Administrative
be included on the title page. New purpose. Procedure Act’s notice and comment
paragraph (b)(6) would provide a Section 1.808(c)(3) is also proposed to requirement) and JEM Broadcasting Co.
section heading for a reference to a be revised to require the application v. FCC, 22 F.3d 320, 327 (DC Cir. 1994)
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9258 Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Proposed Rules
(rule under which any flawed significant economic impact on a For the reasons set forth in the
application is summarily dismissed substantial number of small entities. preamble, 37 CFR part 1 is proposed to
without allowing the applicant to Executive Order 13132: This rule be amended as follows:
correct its error is merely procedural making does not contain policies with
despite its sometimes harsh effects on federalism implications sufficient to PART 1—RULES OF PRACTICE IN
applicants); see also Fressola v. warrant preparation of a Federalism PATENT CASES
Manbeck, 36 USPQ2d 1211, 1215 Assessment under Executive Order
13132 (Aug. 4, 1999). 1. The authority citation for 37 CFR
(D.D.C. 1995) (‘‘it is extremely doubtful
Executive Order 12866: This rule part 1 continues to read as follows:
whether any of the rules formulated to
govern patent or trade-mark practice are making has been determined to be Authority: 35 U.S.C. 2(b)(2).
other than ‘interpretive rules, general significant for purposes of Executive
2. Section 1.77 is amended by
statements of policy, * * * procedure, Order 12866 (Sept. 30, 1993).
Paperwork Reduction Act: This notice redesignating paragraphs (b)(6) through
or practice.’ ’’) (quoting C.W. Ooms, The (b)(12) as paragraphs (b)(7) through
United States Patent Office and the involves information collection
requirements which are subject to (b)(13), adding a new paragraph (b)(6),
Administrative Procedure Act, 38 and revising paragraphs (b)(1) and (c) to
Trademark Rep. 149, 153 (1948)). review by the Office of Management and
Budget (OMB) under the Paperwork read as follows:
Accordingly, prior notice and
opportunity for public comment are not Reduction Act of 1995 (44 U.S.C. 3501 § 1.77 Arrangement of application
required pursuant to 5 U.S.C. 553(b) or et seq.). The collections of information elements.
(c) or any other law. Nevertheless, the involved in this notice have been * * * * *
Office is seeking public comment on reviewed and previously approved by
(b) * * *
proposed changes to these rules of OMB under OMB control numbers
0651–0022 and 0651–0032. The United (1) Title of the invention.
practice to obtain the benefit of such * * * * *
input. States Patent and Trademark Office is
not resubmitting any information (6) Reference to a deposit of biological
Regulatory Flexibility Act: As prior material.
collection package to OMB for its review
notice and an opportunity for public
and approval because the changes in * * * * *
comment are not required pursuant to 5
this notice do not affect the information (c) The text of the specification
U.S.C. 553 (or any other law), neither an
collection requirements associated with sections defined in paragraph (b) of this
initial regulatory flexibility analysis nor
the information collection under these section, if applicable, should be
a certification under the Regulatory
OMB control numbers. The principal preceded by a section heading in
Flexibility Act (5 U.S.C. 601 et seq.) are
impacts of the changes proposed in this uppercase and without underlining or
required. See 5 U.S.C. 603.
notice are changes to the rules of bold type.
Nevertheless, for the reasons set forth
practice to: (1) Require that any deposit 3. Section 1.163 is amended by
herein, the Deputy General Counsel for
of biological material be made before redesignating paragraphs (c)(6) through
General Law of the United States Patent
publication of a patent application; and (c)(11) as paragraphs (c)(7) through
and Trademark Office has certified to
(2) provide that all restrictions on access (c)(12), revising paragraph (c)(1), and
the Chief Counsel for Advocacy of the
to the deposited material imposed by adding a new paragraph (c)(6) to read as
Small Business Administration that the
the depositor be removed upon follows:
changes proposed in this notice will not
publication.
have a significant economic impact on Interested persons are requested to § 1.163 Specification and arrangement of
a substantial number of small entities. send comments regarding these application elements in a plant application.
See 5 U.S.C. 605(b). information collections, including * * * * *
The principal impacts of the changes suggestions for reducing this burden, to (c) * * *
proposed in this notice are changes to Robert A. Clarke, Director, Office of (1) Title of the invention.
the rules of practice to: (1) Require that Patent Legal Administration,
any deposit of biological material be * * * * *
Commissioner for Patents, P.O. Box
made before publication of a patent (6) Deposit of biological material.
1450, Alexandria, VA 22313–1450, or to
application; and (2) provide that all the Office of Information and Regulatory * * * * *
restrictions on access to the deposited Affairs, Office of Management and 4. Section 1.804 is amended by
material imposed by the depositor be Budget, New Executive Office Building, revising paragraph (a) to read as follows:
removed upon publication. The Office Room 10235, 725 17th Street, NW.,
estimates that there are approximately § 1.804 Time of making an original deposit
Washington, DC 20503, Attention: Desk in order to preserve availability of
1,000 patent applications filed each year Officer for the Patent and Trademark provisional rights under 35 U.S.C. 154(d).
(both small entity and other than small Office.
entity) that are supplemented (either on (a) If deposit of a biological material
Notwithstanding any other provision
filing or later) by a deposit of biological is necessary to preserve the availability
of law, no person is required to respond
material. This notice does not propose of provisional rights under 35 U.S.C.
to nor shall a person be subject to a
any new fees or new requirements for 154(d), an original deposit of the
penalty for failure to comply with a
such applications, but is simply biological material must be made either
collection of information subject to the
proposing to change the time period for before the application is filed or during
requirements of the Paperwork
compliance with existing requirements pendency of the application provided
Reduction Act unless that collection of
of the rules of practice to ensure that the that the deposit is made before technical
information displays a currently valid
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Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Proposed Rules 9259
§ 1.808 Furnishing of samples. § 1.809 Examination procedures. Dated: February 13, 2008.
(a) A deposit must be made under (a) The examiner shall determine Jon W. Dudas,
conditions that assure that: pursuant to § 1.104 in each application Under Secretary of Commerce for Intellectual
for patent, application for reissue patent Property and Director of the United States
(1) Access to a deposit will be
Patent and Trademark Office.
available during pendency of a patent or reexamination proceeding if a deposit
is needed, and if needed, if a deposit [FR Doc. E8–3084 Filed 2–19–08; 8:45 am]
application making reference to the
deposit to one determined by the actually made is acceptable for patent BILLING CODE 3510–16–P
issue date of the patent; and months of the actual filing date of the deliveries are only accepted during the
(4) The name and address of the later-filed application and sixteen Regional Office’s normal hours of
requesting party. months from the filing date of the of the operation. The Regional Office’s official
6. Section 1.809 is amended by prior-filed application; and hours of business are Monday through
revising paragraphs (a), (b), (c), and (e) (2) Before or with any request for Friday, 8:30 to 4:30, excluding legal
to read as follows: early publication (§ 1.219). holidays.
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