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

Yorktown Heights, NY 10598 



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UNITED SMES DEPARTMENT OF COMMERCE 
Patent anflP^demark Office 

assistantKecretary and commissioner of 
patents and trademarks 

Washington, D.C. 20231 



COPY MAILED 



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 
application. 

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. 



/ 

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Application No, 08/479,810 



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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 




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