[Federal Register Volume 70, Number 42 (Friday, March 4, 2005)]
[Rules and Regulations]
[Pages 10488-10490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3744]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

37 CFR Parts 1, 102, 104, and 150

[Docket No. 2005-C-054]
RIN 0651-AB86


Correspondence With the United States Patent and Trademark Office

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule.

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SUMMARY: The United States Patent and Trademark Office (Office) is in 
the process of completing its move to Alexandria, Virginia. The Office 
is revising the rules of practice to update the locations and telephone 
numbers specified in the rules in light of the move to Alexandria, 
Virginia.

DATES: Effective Date: March 4, 2005.

FOR FURTHER INFORMATION CONTACT: Jennifer M. Simmons, Office of the 
General Counsel, Office of General Law, by telephone at 571-272-3000.

SUPPLEMENTARY INFORMATION: The Office is in the process of completing 
its move to Alexandria, Virginia. The Public Search Room, and the 
Office of the General Counsel are now currently located in the Office's 
Alexandria, Virginia, campus. The Office is revising the rules of 
practice to update the references therein to the physical location of 
the Public Search Room and the Office of the General Counsel, and the 
telephone number of the Office of the General Counsel.

Discussion of Specific Rules

    Title 37 of the Code of Federal Regulations, is amended as follows:
    Part 1: Sections 1.821 and 1.822 are amended.
    Part 102: Sections 102.1, 102.22, and 102.23 are amended to change 
the address for hand-delivery or in-person inquiry to ``10B20, Madison 
Building East, 600 Dulany Street, Alexandria, Virginia.''
    Part 104: Section 104.1 is amended to: (1) Change the address for 
service by hand to ``the Office of the General Counsel, 10B20, Madison 
Building East, 600 Dulany Street, Alexandria, Virginia''; and (2) 
change the telephone number to 571-272-7000.
    Part 150: Section 150.6 is amended to change the address to: Mail 
Stop Congressional Relations, Director of the United States Patent and 
Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

Classification

Administrative Procedure Act

    Since this final rule is directed to changing Office addresses and 
telephone numbers, this final rule merely involves rules of agency 
organization, procedure, or practice within the meaning of 5 U.S.C. 
553(b)(A). Accordingly, this final rule may be adopted without prior 
notice and opportunity for public comment under 5 U.S.C. 553(b) and 
(c), or thirty-day advance publication under 5 U.S.C. 553(d).

Regulatory Flexibility Act

    As prior notice and an opportunity for public comment are not 
required pursuant to 5 U.S.C. 553 (or any other law), a regulatory 
flexibility analysis under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) is not required. See 5 U.S.C. 603.

Executive Order 13132

    This rule making does not contain policies with federalism 
implications sufficient to warrant preparation of a Federalism 
Assessment under Executive Order 13132 (Aug. 4, 1999).

[[Page 10489]]

Executive Order 12866

    This rule making has been determined to be not significant for 
purposes of Executive Order 12866 (Sept. 30, 1993).

Paperwork Reduction Act

    This rule making does not create any information collection 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.

List of Subjects

37 CFR Part 1

    Administrative practice and procedure, Courts, Inventions and 
patents, Reporting and recordkeeping requirements, Small Businesses.

37 CFR Part 102

    Administrative practice and procedure, Freedom of information, 
Privacy, Public information.

37 CFR Part 104

    Administrative practice and procedure, Claims, Courts, Freedom of 
information, Inventions and patents, Tort claims, Trademarks.

37 CFR Part 150

    Administrative practice and procedure, Authority delegations, Mask 
works, Science and technology, Semiconductor chip products.

0
For the reasons set forth in the preamble, 37 CFR Parts 1, 102, 104, 
and 150 are amended as follows:

PART 1--RULES OF PRACTICE IN PATENT CASES

0
1. The authority citation for 37 CFR Part 1 continues to read as 
follows:

    Authority: 35 U.S.C. 2(b)(2).

0
2. Section 1.821 is amended by revising the introductory text of 
paragraph (a) to read as follows:


Sec.  1.821  Nucleotide and/or amino acid sequence disclosures in 
patent applications.

    (a) Nucleotide and/or amino acid sequences as used in Sec. Sec.  
1.821 through 1.825 are interpreted to mean an unbranched sequence of 
four or more amino acids or an unbranched sequence of ten or more 
nucleotides. Branched sequences are specifically excluded from this 
definition. Sequences with fewer than four specifically defined 
nucleotides or amino acids are specifically excluded from this section. 
``Specifically defined'' means those amino acids other than ``Xaa'' and 
those nucleotide bases other than ``n''defined in accordance with the 
World Intellectual Property Organization (WIPO) Handbook on Industrial 
Property Information and Documentation, Standard ST.25: Standard for 
the Presentation of Nucleotide and Amino Acid Sequence Listings in 
Patent Applications (1998), including Tables 1 through 6 in Appendix 2, 
herein incorporated by reference. (Hereinafter ``WIPO Standard ST.25 
(1998)''). This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies of WIPO Standard ST.25 (1998) may be obtained from the 
World Intellectual Property Organization; 34 chemin des Colombettes; 
1211 Geneva 20 Switzerland. Copies may also be inspected at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Nucleotides and amino acids are 
further defined as follows:
* * * * *

0
3. Section 1.822 is amended by revising paragraph (b) to read as 
follows:


Sec.  1.822  Symbols and format to be used for nucleotide and/or amino 
acid sequence data.

* * * * *
    (b) The code for representing the nucleotide and/or amino acid 
sequence characters shall conform to the code set forth in the tables 
in WIPO Standard ST.25 (1998), Appendix 2, Tables 1 and 3. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
of ST.25 may be obtained from the World Intellectual Property 
Organization; 34 chemin des Colombettes; 1211 Geneva 20 Switzerland. 
Copies may also be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. 
No code other than that specified in these sections shall be used in 
nucleotide and amino acid sequences. A modified base or modified or 
unusual amino acid may be presented in a given sequence as the 
corresponding unmodified base or amino acid if the modified base or 
modified or unusual amino acid is one of those listed in WIPO Standard 
ST.25 (1998), Appendix 2, Tables 2 and 4, and the modification is also 
set forth in the Feature section. Otherwise, each occurrence of a base 
or amino acid not appearing in WIPO Standard ST.25 (1998), Appendix 2, 
Tables 1 and 3, shall be listed in a given sequence as ``n'' or 
``Xaa,'' respectively, with further information, as appropriate, given 
in the Feature section, preferably by including one or more feature 
keys listed in WIPO Standard ST.25 (1998), Appendix 2, Tables 5 and 6.
* * * * *

PART 102--DISCLOSURE OF GOVERNMENT INFORMATION

0
4. The authority citation for 37 CFR part 102 continues to read as 
follows:

    Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C. 
3717; 35 U.S.C. 2(b)(2), 21, 41, 42, 122; 44 U.S.C. 3101.


0
5. Section 102.1 is amended by revising paragraph (b) to read as 
follows:


Sec.  102.1  General.

* * * * *
    (b) As used in this subpart, FOIA Officer means the USPTO employee 
designated to administer FOIA for USPTO. To ensure prompt processing of 
a request, correspondence should be addressed to the FOIA Officer, 
United States Patent and Trademark Office, P.O. Box 1450, Alexandria, 
Virginia 22313-1450, or delivered by hand to 10B20, Madison Building 
East, 600 Dulany Street, Alexandria, Virginia.

0
6. Section 102.23 is amended by revising paragraph (a) to read as 
follows:


Sec.  102.23  Procedures for making inquiries.

    (a) Any individual, regardless of age, who is a citizen of the 
United States or an alien lawfully admitted for permanent residence 
into the United States may submit an inquiry to USPTO. The inquiry 
should be made either in person at 10B20, Madison Building East, 600 
Dulany Street, Alexandria, Virginia, or by mail addressed to the 
Privacy Officer, United States Patent and Trademark Office, P.O. Box 
1450, Alexandria, Virginia 22313-1450, or to the official identified in 
the notification procedures paragraph of the systems of records notice 
published in the Federal Register. If an individual believes USPTO 
maintains a record pertaining to that individual but does not know 
which system of records might contain such a record, the USPTO Privacy

[[Page 10490]]

Officer will provide assistance in person or by mail.
* * * * *

0
7. Section 102.24 is amended by revising paragraph (a) to read as 
follows:


Sec.  102.24  Procedures for making requests for records.

    (a) Any individual, regardless of age, who is a citizen of the 
United States or an alien lawfully admitted for permanent residence 
into the United States may submit a request to the USPTO for access to 
records. The request should be made either in person at 10B20, Madison 
Building East, 600 Dulany Street, Alexandria, Virginia, or by mail 
addressed to the Privacy Officer, United States Patent and Trademark 
Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.
* * * * *

PART 104--LEGAL PROCESSES

0
8. The authority citation for 37 CFR part 104 continues to read as 
follows:

    Authority: 35 U.S.C. 2(b)(2), 10, 23, 25; 44 U.S.C. 3101

0
9. Section 104.2 is amended by revising paragraphs (b) and (c) to read 
as follows:


Sec.  104.2  Address for mail and service; telephone number.

* * * * *
    (b) Service by hand should be made during business hours to the 
Office of the General Counsel, 10B20, Madison Building East, 600 Dulany 
Street, Alexandria, Virginia.
    (c) The Office of the General Counsel may be reached by telephone 
at 571-272-7000 during business hours.

PART 150--REQUESTS FOR PRESIDENTIAL PROCLAMATIONS PURSUANT TO 17 
U.S.C. 902(a)(2)

0
10. The authority citation for 37 CFR part 150 is revised to read as 
follows:

    Authority: 35 U.S.C. 2(b)(2); E.O. 12504, 50 FR 4849; 3 CFR, 
1985 Comp., p. 335.


0
11. Section 150.6 is revised to read as follows:


Sec.  150.6  Mailing address.

    Requests and all correspondence pursuant to these guidelines shall 
be addressed to: Mail Stop Congressional Relations, Director of the 
United States Patent and Trademark Office, P.O. Box 1450, Alexandria, 
Virginia 22313-1450.

    Dated: February 22, 2005.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 05-3744 Filed 3-3-05; 8:45 am]
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