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Full text of "USPTO Patents Application 09919224"

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United States Patent and Trademark Office 



Commissioner for Patents 
United States Patent and Trademark Office 
Washington, DC 20231 

www.uspto.gov 

DNV 03-02 



Paper No. 7 



TOWNSEND AND TOWNSEND AND CREW, LLP 
TWO EMBARCADERO CENTER 
EIGHTH FLOOR 

SAN ~ sco Ch 94111 " 3834 BEST AVAILABLE COPY 



COPY MAILED 

MAY 2 0 2002 
OFFICE OF PETITIONS 

In re Application of : 
Schall et al. : 

Application No. 09/919,224 : DECISION GRANTING PETITION 

Filed: 30 July, 2001 : 
Attys. Docket No. 019934-001710US : 

This is a. decision on" the petition filed on 26 February, 2002, 
which is treated as a petition requesting that the above- 
identified application be accorded a filing date of 30 July, 
2001, with 14 sheets of drawings as a part of the original 
disclosure . 



On 30 July, 2001, the application was filed. 

On 17 September, 2001, Initial Patent Examination Division mailed 
a . "Notice of Incomplete Application" stating that the application 
had not been accorded a filing date because the application was 
deposited without drawings and that the filing date of the 
application would be the date of receipt of the drawings. 

In response, on 26 February, 2002, inter alia, the present 
petition, a $130.00 petition fee, a four (4) month time 
extension, and 14 sheets of drawings were filed. Petitioner 
argues that 14 sheets of drawings were filed with the other 
application papers on 30 July,' 2001, and that the drawings were 
misplaced in the U.S. Patent and Trademark Office (Office). In 
support of the petition, a copy of petitioner's postcard receipt 
which shows an Office stamp of 30 July, 2001, and the above- 
identified application number, and acknowledges receipt of, inter 
alia, 14 sheets of drawings, was supplied. Petitioner requests 
that the application, including 14 sheets of drawings, be 
accorded a filing date of 30 July, 2001. 



Application NO. 09/919,224 BEST AVAILABLE COPY 



Upon review of the record, no sheets of drawings deposited on 30 
July, 2001, have been located among the application papers 
contained in the official file. However, the evidence is 
convincing that the application papers deposited on 30 July, 
2001, included 14 sheets of drawings, which were subsequently 
misplaced in the USPTO. Therefore, the application, including 14 
sheets of drawings, was complete on filing and entitled to a 
filing date of 30 July, 2001. 

In view of the above, the petition is granted . The 14 sheets of 
drawings submitted with the petition will be used for processing 
and examination purposes. The petition fee is unnecessary and 
will be credited to counsel's deposit account, No. 20-1430. 

The "Notice" mailed on 17 September, 2001, was sent in error and 
is hereby withdrawn. 

The application is being returned to Initial Patent Examination 
Division for processing with a filing date of 30 July, 2001, 
using the application papers filed on that date, and the 14 
sheets of drawings supplied on 26 February, 2002, and for an 
indication on the bib-data sheet that 14 sheets of drawings were 
present on filing. 

Telephone inquiries specific to this matter should be directed to 
Petitions Attorney Douglas I. Wood at 703 308-6918. 





Beveg^y M. Flanagan 
Supervisory Petitions Examiner 
Office of Petitions 
Office of the Deputy Commissioner 
for Patent Examination Policy