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APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 



Daniel H. Maes 



Karen A. Lowney, Esq. I 

Estee Lauder Companies carter, kendra d 

155 Pinelawn Road I 

Melville, NY 1 1747 I ^^'^^^^^ 



PAPER NUMBER 



MAIL DATE | DELIVERY MODE 

05/19/2009 PAPER 



Please find below and/or attached an Office communication concerning this application or proceeding. 

The time period for reply, if any, is set in the attached communication. 



PTOL-90A (Rev. 04/07) 



Notice of Abandonment 


Application No. 

09/773,351 


Applicant(s) 
MAES ETAL. 


Examiner 

KENDRA D. CARTER 


Art Unit 

1617 





~ The MAILING DATE of this communication appears on the cover sheet with the correspondence address- 



This application is abandoned in view of: 

1. ^ Applicant's failure to timely file a proper reply to the Office letter mailed on 06 November 2008 . 

(a) □ A reply was received on (with a Certificate of Mailing or Transmission dated ), which is after the expiration of the 

period for reply (including a total extension of time of month(s)) which expired on . 

(b) □ A proposed reply was received on , but it does not constitute a proper reply under 37 CFR 1.113 (a) to the final rejection. 

(A proper reply under 37 CFR 1.113 to a final rejection consists only of: (1) a timely filed amendment which places the 
application in condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a timely filed Request for 
Continued Examination (RCE) in compliance with 37 CFR 1.114). 

(c) □ A reply was received on but it does not constitute a proper reply, or a bona fide attempt at a proper reply, to the non- 

final rejection. See 37 CFR 1.85(a) and 1.111. (See explanation in box 7 below). 

(d) ^ No reply has been received. 

2. □ Applicant's failure to timely pay the required issue fee and publication fee, if applicable, within the statutory period of three months 

from the mailing date of the Notice of Allowance (PTOL-85). 

(a) □ The issue fee and publication fee, if applicable, was received on (with a Certificate of Mailing or Transmission dated 

), which is after the expiration of the statutory period for payment of the issue fee (and publication fee) set in the Notice of 

Allowance (PTOL-85). 

(b) □ The submitted fee of $ is insufficient. A balance of $ is due. 

The issue fee required by 37 CFR 1.18 is $ . The publication fee, if required by 37 CFR 1.18(d), is $ . 

(c) □ The issue fee and publication fee, if applicable, has not been received. 

3-0 Applicant's failure to timely file corrected drawings as required by, and within the three-month period set in, the Notice of 
Allowability (PTO-37). 

(a) □ Proposed corrected drawings were received on (with a Certificate of Mailing or Transmission dated ), which is 

after the expiration of the period for reply. 

(b) □ No corrected drawings have been received. 

4. □ The letter of express abandonment which is signed by the attorney or agent of record, the assignee of the entire interest, or all of 

the applicants. 

5. □ The letter of express abandonment which is signed by an attorney or agent (acting in a representative capacity under 37 CFR 

1 .34(a)) upon the filing of a continuing application. 

6. □ The decision by the Board of Patent Appeals and Interference rendered on and because the period for seeking court review 

of the decision has expired and there are no allowed claims. 

7. S The reason(s) below: 

Attorney Yang informed the Examiner on IVlay 14, 2009 that no response was filed. 



/SREENI PADMANABHAN/ /Kendra D Carter/ 

Supervisory Patent Examiner, Art Unit 1617 Examiner, Art Unit 1617 



Petitions to revive under 37 CFR 1.137(a) or (b), or requests to withdraw the holding of abandonment under 37 CFR 1.181, should be promptly filed to 
minimize any negative effects on patent term. 

PTOL-1432 (Rev. 04-01) Notice of Abandonment Part of Paper No. 20090514