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PTO/SB/30 (09-03) JjP-t/ 




Request 

For 

Continued Examination (RCE) 
Transmittal 

Address to: 
Mail Stop RCE 
Commissioner for Patents 
P.O. Box 1450 
Alexandria, VA 22313-1450 



Application Number 



Fiiing Date 



First Named Inventor 



Art Unit 



Examiner Name 



Attorney Docket Number 



09/919,224 



July 30, 2001 



Thomas J. Schall 



1644 



Belyavskyi, Michail A. 



01 9934-001 71 OUS 



This is a Request for Continued Examination (RCE) under 37 CFR 1.114 of the above-identified application. 

Request for Continued Examination (RCE) practice under 37 CFR 1.114 does not apply to any utility or plant application filed prior to 
June 8, 1995, or to any design application. See Instruction Sheet for RCEs (not to be submitted to the USPTO) on page 2. 



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amendments enclosed with the RCE will be entered in the order in which they were filed unless applicant instructs otherwise. 
If applicant does not wish to have any previously filed unentered amendment(s) entered, applicant must request non-entry of 
such amendment(s). 



a. D 

i. 
ii. 

b. la 
i. 
ii. 



Previously submitted. If a final Office action is outstanding, any amendments filed after the final Office action may be 
considered as a submission even if this box is not checked. 

□ Consider the arguments in the Appeal Brief or Reply Brief previously filed on 

□ Other 

Enclosed 



S Amendment/Reply 

□ Affidavit(s)/ Declaration(s) 



iti S Infomnation Disclosure Statement (IDS) 
iv. □ Other 



Miscellaneous 



3. 



a. Q Suspension of action on the above-identified application is requested under 37 CFR 1.103(c) for a 

period of months. (Period of suspension shall not exceed 3 nnonths; Fee under 37 CFR 1.1 7(i) required) 

b . □ Ot her 

( Fees J lhe RCE fee under 37 CFR 1.17(e) is required by 37 CFR 1.114 when the RCE is filed. 

a. S The Director is hereby authorized to charge the following fees, or credit any overpayments, to 

Deposit Account No. 20-1430 

^ RCE fee required under 37 CFR 1.17(e) 
S Extension of time fee (37 CFR 1.136 and 1.17) 

□ Other 

b. n Check in the amount of $ enclosed 

c. D Payment by credit card (Form PTO-2038 enclosed) 

WARNING: Information on this form may become public. Credit card information should not 
be included on this form. Provide credit card Information and authorization of PTO-2038. 





SIGNATURE OF APPLICANT, ATTORNEY, OR AGENT REQUIRED 




Name (Print /Type) 


Sp6t L^. AusenjxH 




Registration No. (Attorney/Agent) 


42,271 


^ignature 






Date 




J 



CERTIFICATE OF MAILING OR TRANSMISSION 



Express Mail Label: EV 291376372 US 

I hereby certify that this correspondence is being deposited with the United States Postal Service with "Express Mail Post Office to 
Address" service under 37 CFR 1.10 on this date January 28, 2004 and is addressed to: 

Mail Stop RCE, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450 



Name (Print /Type) 



Signature 



Tara N. Damhoff 



I did IN. L/dlllMUM 



Date 



60241599 v1 



06/22/2004 HVU0H61 00000014 201430 09919224 
01 FC:2801 3ft5.00 Dfl 



PTO/SB/30 (09-03) 
Approved for use through 07/31/2006. OMB 0651-0031 
U.S. Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE 
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. 



Instruction Sheet for RCEs 

(not to be submitted to the USPTO) 

NOTES: 



An RCE is not a new application, and filing an RCE will not result in an application being accorded a new filing 
date. 

Filing Qualifications: 

The application must be a utility or plant application filed on or after June 8, 1995. The application cannot be a 
provisional application, a utility or plant application filed before June 8, 1995, a design application, or a patent 
under reexamination. See 37 CFR 1 .1 14(e). 

Filing Requirements: 

Prosecution in tiie application must be dosed. Prosecution is closed if the application is under appeal, or 
the last Office action is a final action, a notice of allowance, or an action that otherwise closes prosecution in the 
application (e.g., an Office action under Ex parte Quayle). See 37 CFR 1.1 14(b). 

A submission and a fee are required at tlie time tiie RCE is filed. If reply to an Office action under 35 U.S.C. 
132 is outstanding (e.g., the application is under final rejection), the submission must meet the reply 
requirements of 37 CFR 1.111. If there is no outstanding Office action, the submission can be an information 
disclosure statement, an amendment, new arguments, or new evidence. See 37 CFR 1.114(c). The submission 
may be a previously filed amendment (e.g., an amendment after final rejection), 



WARNINGS: 

Request for Suspension of Action : 

All RCE filing requirements must be met before suspension of action is granted. A request for a 
suspension of action under 37 CFR 1.103(c) does not satisfy the submission requirement and does not 
permit the filing of the required submission to be suspended. 

Improper RCE will NOT toll Any Time Period : 

Before Appeal - If the RCE is improper (e.g., prosecution in the application is not closed or the 
submission or fee has not been filed) and the application is not under appeal, the time period set forth in 
the last Office action will continue to run and the application will be abandoned after the statutory time 
period has expired if a reply to the Office action is not timely filed. No additional time will be given to 
correct the improper RCE, 

Under Appeal - If the RCE is improper (e.g., the submission or the fee has not been filed) and the 
application is under appeal, the improper RCE is effective to withdraw the appeal. Withdrawal of the 
appeal results in the allowance or abandonment of the application depending on the status of the claims. 
If there are no allowed claims, the application is abandoned. If there is at least one allowed claim, the 
application will be passed to issue on the allowed claim(s). See MPEP 1215.01. 



See MPEP 706.07(h) for further Information on the RCE practice. 



Page 2 of 2 



"Express Mail" Label No. EV 291376372 US 
Date of Deposit ^* /fc 



I hereby certify that this is being deposited with the United States Postal 
Service "Express Mail Post Office to Address" service ^derJ't ^CFR 1.10 
on the date indicated above and is addressed to: 

IVIail Stop RCE 

Commissioner for Patents 
P.O. Box 1450 
Alexandria, VA 22313-1450 



By:. 



Tara N. Dxfihoff 




AMENDMENT UNDER 37 CFR 1.116 
EXPEDITED PROCEDURE - 
EXAMINING GROUP 1644 

PATENT 

Attorney Docket No.: 01 9934-001 7 lOUS 
Client Ref. No.: T001710US 



IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 



In re application of: 

Thomas J. Schall et al. 
Application No.: 09/919,224 
Filed: July 30, 2001 

For: IMMUNOLOGIC ACTIVITIES OF 
RHESUS CYTOMEGALOVIRUS 
ENCODED IL-10 (AMENDED) 

Customer No.: 20350 



Confirmation No. 5559 

Examiner: Michail A. Belyavskyi 

Art Unit: 1644 

AMENDMENT UNDER 37 CFR 1.1 16 
EXPEDITED PROCEDURE EXAMINING 
GROUP 1644 



Mail Stop RCE 

Commissioner for Patents 
P.O. Box 1450 
Alexandria, VA 22313-1450 

Sir: 

This paper is filed in response to the Final Office Action mailed March 9, 2004, 
and as part of a Request for Continued Examination (enclosed herewith). The original deadhne 
for response was June 9, 2004. A one month petition for extension of time is enclosed, thus 
extending the deadline to July 9, 2004. Accordingly, this response is timely filed. 

Amendments to the Claims are reflected in the listing of claims which begins on page 2 of this 
paper. 



Remarks begin on page 7 of this paper. 



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