UNITED STATf^DEPARTMENT OF COMMERCE
Patent and Trademark Office
ASSISTANT SECRETARY AND COMMISSIONER OF
PATENTS AND TRADEMARKS
Washington, D.C. 20231
Daniel P. Morris
Intellectual Property Law
P.O. Box 218
Yorktown Heights, NY 10598 ^ ^ ^
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
Washington, D.C. 20231
By FAX: (703) 308-6916
Attn: Special Program Law Office
By hand: One Crystal Park, Suite 520
2011 Crystal Drive
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