Daniel P. Morris
Intellectual Property Law
P.O. Box 218
Yorktown Heights, NY 10598
UNITED SMES DEPARTMENT OF COMMERCE
Patent anflP^demark Office
assistantKecretary and commissioner of
patents and trademarks
Washington, D.C. 20231
s£ p 09 »96
In re Application of :
Johannes G. Bednorz et al. :
Application No. 08/479,810 : DECISION GRANTING
Filed: June 7, 1995 : PETITION
Attorney Docket No. Y0987074BZ :
This is a decision on the response filed June 3, 1996,
in response to the "Letter Regarding Improper Filing" mailed
February 20, 1996, which is treated as a petition requesting that
the request for a CIP application under 37 CFR 1.60 be
disregarded and that the application be considered as a
continuation application under 37 CFR 1.60.
The petition is accompanied by a copy of a specification and
drawings. However, the copy provided is not a true copy of the
prior application as originally filed. On August 30, 1996, in
response to a telephone communication from David Bagnell of the
Office of Petitions, petitioners filed a true copy of the prior
37 CFR 1.60(b) states, in part, that if a true copy of the prior
application as filed is not filed with the application or if the
statement that the application papers are a true- copy is omitted,
the application will not be given a filing date earlier than the
date upon which the copy and statement are filed, unless a
petition with the fee as set forth in 37 CFR 1.17 (i) (1) is filed
which satisfactorily explains the delay in filing these items.
A review of the' record reveals that petitioners have indicated
that the original request inadvertently requested a '
continuation-in-part application when they intended to file a
continuation application. Accordingly, on petition, the request
will be treated as a request for a continuation application, not
a continuation-in-part application. /
A further review of the record reveals that all the requirements
for an application filed under 37 CFR 1.60 have now been met.
Application No, 08/479,810
Therefore, on petition, the application may be accorded the
requested filing date under 37 CFR 1.60.
The petition is granted .
The copy of the application filed June 3, 1996, is withdrawn and
will not be entered or used during the prosecution . of this application.
The copy of the prior application filed on August 30, 1996, will
be entered in due course .
The preliminary amendment to the claims filed June 3, 1996, will
be entered in due course and must be considered by the examiner
for entry of new matter not described in the application as
filed. 35 USC 112, first paragraph; 35 USC 132.
The application is being forwarded to the Office of Finance for
charging the $130.00 petition fee to counsel's deposit account
No. 09-0468 as authorized in petition.
Thereafter, the application will be returned to Application
Division for further processing with a filing date of June 7,
1995, as continuation application under 37 CFR 1.60 of prior
application Serial No. 08/303,561, using the application papers
filed August 30, 1996.
Any inquiries related to this decision should be directed to
David Bagnell at (703)305-9177, or if not available, to the
undersigned at (703) 305-9282.
Fred A. Silverberg
Senior Legal Advisor
Special Program Law Office
Office of the Deputy Assistant Commissioner
for Patent Policy and Projects