Skip to main content

Full text of "USPTO Patents Application 08479810"

See other formats


m 




UNITED STATf^DEPARTMENT OF COMMERCE 
Patent and Trademark Office 

ASSISTANT SECRETARY AND COMMISSIONER OF 
PATENTS AND TRADEMARKS 
Washington, D.C. 20231 



Daniel P. Morris 
IBM Corporation 
Intellectual Property Law 
P.O. Box 218 



Yorktown Heights, NY 10598 ^ ^ ^ 

WOISOFFSC 



In re Application of : 

Johannes G. Bednorz et al. : LETTER REGARDING 

Application No, 08/479,810 : IMPROPER FILING 

Deposited: June 7, 1995 : 
Attorney Docket No, Y0987-074BY : 

The above- identified application has been referred to this office 
for review of the filing date accorded the application. 

The application was deposited on June 7, 1995. The application 
papers included a transmittal letter requesting a continuation- 
in-part (CIP) application under 37 CFR 1.60 based on prior 
application No. 08/303,561. The true copy of the prior 
application required by 37 CFR 1.60 was omitted on June 7, 1995. 
In error, the application was processed by Application Processing 
Division with a filing date of June 7, 1995, as a CIP application 
under 37 CFR 1.62. However, the preliminary amendment adding the 
new matter required by 37 CFR 1.62 was omitted on June 7, 1995. 

This is not a proper filing under 37 CFR 1.60. The procedure set 
forth in 37 CFR 1.60 is available for filing either a 
continuation or a divisional application of a prior pending, 
complete application. The procedure set forth in 37 CFR 1.60 is 
not available for filing a CIP application. See 37 CFR 1.60(b) 
and MPEP 201.06(a) and 201.08. Since the application is 
improper, it is not entitled to a filing date under 37 CFR 1.60. 

Applicants are given TWO MONTHS from the date of this letter to 
file a petition under 37 CFR 1.182 requesting that the request 
for a CIP application under 37 CFR 1.60 be disregarded and that 
the application be considered as either a continuation or a 
divisional application under 37 CFR 1.60. See 37 CFR 1.181(f) . 
The petition must be accompanied by a true copy of the 
specification and drawings as originally filed in the prior 
application and by a statement verifying the copy as a true copy 
as required by 37 CFR 1.60(b) . 



♦ • 



Application No. 08/479,810 Page 2 



It is noted that a copy of the signed declaration originally 
filed in the prior application and the $130.00 surcharge were 
filed in the present application on November 30, 1995. 

Further correspondence with respect to this matter should be 
addressed as follows: 

By mail: Assistant Commissioner for Patents 

Box DAC 

Washington, D.C. 20231 

By FAX: (703) 308-6916 

Attn: Special Program Law Office 

By hand: One Crystal Park, Suite 520 

2011 Crystal Drive 
Arlington, VA 

Telephone inquiries specific to this matter should be directed 
to the undersigned at (703) 305-9282. 

Failure to file a timely petition as outlined above will result 
in the return of the application to Application Processing 
Division for processing as an improper application under 37 CFR 
1.60 (no filing date granted) . 



^Fred A. Silverb^rg 
Senior Legal Advisor 
Special Program Law Office 
Office of the Deputy Assistant Commissioner 
for Patent Policy and Projects