[Federal Register Volume 69, Number 50 (Monday, March 15, 2004)]
[Notices]
[Page 12178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5803]



[[Page 12178]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-496]


In the Matter of: Certain Home Vacuum Packaging Products; Notice 
of Commission Decision Not To Review an Initial Determination Granting 
a Motion To Withdraw Two Patent Claims From the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') granting a 
motion to withdraw claims 24 and 25 of U.S. Patent No. 4,941,310, from 
the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3152. Copies of the 
Commission order, and all other nonconfidential documents filed in 
connection with this investigation are or will be available for 
inspection during official business hours (8:45 a.m. to 5:15 p.m.) in 
the Office of the Secretary, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436, telephone (202) 205-2000. Hearing-
impaired persons are advised that information on this matter can be 
obtained by contacting the Commission's TDD terminal on (202) 205-1810. 
General information concerning the Commission may also be obtained by 
accessing its Internet server (http://www.usitc.gov). The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: On August 18, 2003, the Commission 
instituted this investigation based upon a complaint filed by Tilia, 
Inc. and Tilia International (collectively, ``Tilia''). 68 FR 49521. At 
the same time, the Commission provisionally accepted a motion for 
temporary relief filed by Tilia. In its complaint, Tilia alleges that 
the accused imported products infringe claims 3, 4, 6, 24-25, and 34 of 
U.S. Patent No. 4,941,310 (``the '310 patent''). The notice of 
investigation named Applica, Inc., Applica Consumer Products, Inc.; 
ZeroPack Co., Ltd.; The Holmes Group, Inc.; and The Rival Company as 
respondents. On January 15, 2004, the Commission determined not to 
review an ID denying Tilia's motion for temporary relief. On February 
3, 2004, Tilia moved pursuant to rules 210.21(a)(1) to withdraw claims 
24 and 25 of the '310 patent from the investigation. Respondents and 
the Commission investigative attorney did not oppose the motion. On 
February 18, 2004, the ALJ issued an ID granting Tilia's motion to 
withdraw claims 24 and 25 of the '310 patent from the investigation. No 
petitions of the ID were filed.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Sec.  210.42 of Commission's 
Rules of Practice and Procedure, 19 CFR 210.42.

    By order of the Commission.

    Issued: March 10, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-5803 Filed 3-12-04; 8:45 am]
BILLING CODE 7020-02-P