47780 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices
rule. Before including your address, DEPARTMENT OF COMMERCE transmission to 571–273–0125, marked
phone number, e-mail address, or other to the attention of Caroline D. Dennison.
personal identifying information in your Patent and Trademark Office SUPPLEMENTARY INFORMATION: The
comment, you should be aware that USPTO has prepared Interim Patent
your entire comment- including your [Docket No. PTO–P–2009–0037] Subject Matter Eligibility Examination
personal identifying information- may Instructions for evaluating patent
be made publicly available at any time. Request for Comments on Interim subject matter eligibility under 35
While you can ask us in your comment Examination Instructions for U.S.C. 101. The Interim Patent Subject
to withhold your personal identifying Evaluating Patent Subject Matter Matter Eligibility Examination
information from public review, we Eligibility Instructions are based on the USPTO’s
cannot guarantee that we will be able to current understanding of the law and
AGENCY: United States Patent and
do so. are believed to be fully consistent with
Trademark Office, Commerce.
FOR FURTHER INFORMATION CONTACT: binding precedent of the U.S. Supreme
Lynne Barre, Northwest Regional Office, ACTION: Request for comments.
Court, the U.S. Court of Appeals for the
206–526–4745; or Trevor Spradlin, SUMMARY: The United States Patent and Federal Circuit (Federal Circuit) and the
Office of Protected Resources, 301–713– Trademark Office (USPTO) has prepared Federal Circuit’s predecessor courts.
2322. interim examination instructions for The USPTO posted the Interim Patent
SUPPLEMENTARY INFORMATION: evaluating patent subject matter Subject Matter Eligibility Examination
Background eligibility under 35 U.S.C. 101 (Interim Instructions on its Internet Web site
Patent Subject Matter Eligibility (http://www.uspto.gov) on August 27,
On July 29, 2009, NMFS proposed 2009, with a notice requesting public
Examination Instructions) pending a
regulations under the Endangered comment on the Interim Patent Subject
decision by the U.S. Supreme Court in
Species Act and Marine Mammal Matter Eligibility Examination
Bilski v. Kappos. The Interim Patent
Protection Act to prohibit vessels from Instructions and indicating that written
Subject Matter Eligibility Examination
approaching killer whales within 200 comments must be received on or before
Instructions will be for use by USPTO
yards and from parking in the path of September 28, 2009, to be ensured of
personnel in their review of patent
whales for vessels in inland waters of consideration.
applications to determine whether the
Washington State (74 FR 37674). The The Interim Patent Subject Matter
claims in a patent application are
proposed regulations would also Eligibility Examination Instructions do
directed to patent eligible subject matter
prohibit vessels from entering a not constitute substantive rule making
under 35 U.S.C. 101. The USPTO is
conservation area during a defined and hence do not have the force and
requesting comments from the public
season. Certain vessels would be exempt effect of law. Rejections are and will
regarding the Interim Patent Subject
from the prohibitions. The purpose of continue to be based upon the
Matter Eligibility Examination
the action is to protect killer whales substantive law, and it is these
from interference and noise associated rejections that are appealable.
with vessels. In the final rule DATES: Comment Deadline Date: To be
Consequently, any perceived failure by
announcing the endangered listing of ensured of consideration, written USPTO personnel to follow the Interim
Southern Resident killer whales NMFS comments must be received on or before Patent Subject Matter Eligibility
identified disturbance and sound September 28, 2009. No public hearing Examination Instructions is neither
associated with vessels as a potential will be held. appealable nor petitionable.
contributing factor in the recent decline ADDRESSES: Comments should be sent The U.S. Supreme Court granted
of this population. The Recovery Plan by electronic mail message over the certiorari in Bilski, S.Ct. No. 08–964.
for Southern Resident killer whales calls Internet addressed to See 556 U.S.___ (June 1, 2009). The
for evaluating current guidelines and AB98.Comments@uspto.gov. Comments USPTO expects that a decision in Bilski
assessing the need for regulations and/ may also be submitted by facsimile to will be rendered sometime before the
or protected areas. We developed the (571) 273–0125, marked to the attention end of June 2010. The Interim Patent
proposed rule after considering of Caroline D. Dennison. Although Subject Matter Eligibility Examination
comments submitted in response to an comments may be submitted by mail or Instructions are to provide instructions
Advance Notice of Proposed facsimile, the USPTO prefers to receive to examiners pending a final decision
Rulemaking (72 FR 13464; March 22, comments via the Internet. from the Supreme Court in Bilski.
2007) and preparing a draft The comments will be available for Following the Supreme Court’s decision
environmental assessment (EA). public inspection at the Office of the in Bilski, the USPTO will revise its
Reasonable Accommodation Commissioner for Patents, located in examination instructions for evaluating
Madison East, Tenth Floor, 600 Dulany patent subject matter eligibility under
Persons needing reasonable Street, Alexandria, Virginia, and will be 35 U.S.C. 101 for consistency with the
accommodations to attend and available via the Office Internet Web site Supreme Court’s decision.
participate in the public meetings (address: http://www.uspto.gov). The Interim Patent Subject Matter
should contact Lynne Barre (see FOR Because comments will be made Eligibility Examination Instructions
FURTHER INFORMATION CONTACT). To available for public inspection, merely revise USPTO examination
allow sufficient time to process information that is not desired to be practice for consistency with the
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requests, please call at least 5 business made public, such as an address or USPTO’s current understanding of the
days prior to the relevant meeting(s). phone number, should not be included case law regarding patent subject matter
Dated: September 11, 2009. in the comments. eligibility under 35 U.S.C. 101.
James H. Lecky, FOR FURTHER INFORMATION CONTACT: Therefore, the Interim Patent Subject
Director, Office of Protected Resources, Caroline D. Dennison, Office of the Matter Eligibility Examination
National Marine Fisheries Service. Deputy Commissioner for Patent Instructions relate only to interpretative
[FR Doc. E9–22414 Filed 9–16–09; 8:45 am] Examination Policy, by telephone at rules, general statements of policy, or
BILLING CODE 3510–22–S 571–272–7729, or by facsimile rules of agency organization, procedure,
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Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 47781
or practice. The USPTO is providing CA 90802–4213; phone (562)980–4001; CONSUMER PRODUCT SAFETY
this opportunity for public comment fax (562)980–4018; and COMMISSION
because the USPTO desires the benefit Pacific Islands Region, NMFS, 1601
of public comment on the Interim Patent Kapiolani Blvd., Rm 1110, Honolulu, HI Sunshine Act Meetings
Subject Matter Eligibility Examination 96814–4700; phone (808)944–2200; fax
Instructions; however, notice and an (808)973–2941. TIME AND DATE: Tuesday, September 22,
opportunity for public comment are not FOR FURTHER INFORMATION CONTACT: 2009, 2 p.m.
required under 5 U.S.C. 553(b) or any Kristy Beard or Carrie Hubard, PLACE: Hearing Room 420, Bethesda
other law. See Cooper Techs. Co. v. (301)713–2289. Towers, 4330 East West Highway,
Dudas, 536 F.3d 1330, 1336–37, 87 SUPPLEMENTARY INFORMATION: On April Bethesda, Maryland.
U.S.P.Q.2d 1705, 1710 (Fed. Cir. 2008) 16, 2009, a notice was published in the STATUS: Closed to the Public.
(stating that 5 U.S.C. 553, and thus 35 Federal Register (74 FR 17635) that Dr. MATTER TO BE CONSIDERED: Compliance
U.S.C. 2(b)(2)(B), does not require notice Au had submitted an application to Weekly Report—Commission Briefing
and comment rule making for amend Permit No. 1000–1617–04, The staff will brief the Commission on
‘‘ ‘interpretative rules, general which authorizes behavioral various compliance matters.
statements of policy, or rules of agency observations, photo-identification, For a recorded message containing the
organization, procedure, or practice.’ ’’ genetic sampling, and suction-cup latest agenda information, call (301)
(quoting 5 U.S.C. 553(b)(A))). Persons tagging of cetaceans in Hawaii and 504–7948.
submitting written comments should California. The amendment was CONTACT PERSON FOR MORE INFORMATION:
note that the USPTO may not provide a requested under the authority of the Todd A. Stevenson, Office of the
‘‘comment and response’’ analysis of Marine Mammal Protection Act of 1972, Secretary, U.S. Consumer Product
such comments as notice and an as amended (16 U.S.C. 1361 et seq.), the Safety Commission, 4330 East West
opportunity for public comment are not regulations governing the taking and Highway, Bethesda, MD 20814, (301)
required under 5 U.S.C. 553(b) or any importing of marine mammals (50 CFR 504–7923.
other law. part 216), and the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 Dated: September 11, 2009.
Dated: September 11, 2009.
et seq.). The applicant has withdrawn Todd A. Stevenson,
David J. Kappos,
his application. Secretary.
Under Secretary of Commerce for Intellectual
Property and Director of the United States Dated: September 14, 2009. [FR Doc. E9–22396 Filed 9–16–09; 8:45 am]
Patent and Trademark Office. P. Michael Payne, BILLING CODE 6355–01–M
[FR Doc. E9–22420 Filed 9–16–09; 8:45 am] Chief, Permits, Conservation and Education
BILLING CODE 3510–16–P Division, Office of Protected Resources,
National Marine Fisheries Service. CONSUMER PRODUCT SAFETY
[FR Doc. E9–22415 Filed 9–16–09; 8:45 am]
DEPARTMENT OF COMMERCE BILLING CODE 3510–22–S [CPSC Docket No. 09–C0036]
National Oceanic and Atmospheric K.S. Trading Corporation, Inc.,
Administration Provisional Acceptance of a
CONSUMER PRODUCT SAFETY
RIN 0648–XR64 COMMISSION Settlement Agreement and Order
AGENCY: Consumer Product Safety
Marine Mammals; File No. 1000–1617 Sunshine Act Meetings Commission.
AGENCY: National Marine Fisheries TIME AND DATE: Thursday, September 24, ACTION: Notice.
Service (NMFS), National Oceanic and 2009, 2 p.m.
Atmospheric Administration (NOAA), SUMMARY: It is the policy of the
PLACE: Hearing Room 420, Bethesda
Commerce. Commission to publish settlements
Towers, 4330 East-West Highway,
which it provisionally accepts under the
ACTION: Notice; withdrawal of Bethesda, Maryland.
Consumer Product Safety Act in the
application. STATUS: Closed to the public. Federal Register in accordance with the
MATTER TO BE CONSIDERED: Compliance terms of 16 CFR 1118.20(e). Published
SUMMARY: Notice is hereby given that
Whitlow Au, PhD, University of Hawaii, Status Report (Monthly)—Commission below is a provisionally-accepted
Hawaii Institute of Marine Biology, Briefing. Settlement Agreement with K.S. Trading
The staff will brief the Commission on Corporation, containing a civil penalty
Marine Mammal Research Program, PO
various compliance matters. of $35,000.00.
Box 1106, Kailua, Hawaii 96734, has For a recorded message containing the
withdrawn an application to amend latest agenda information, call (301) DATES: Any interested person may ask
Scientific Research Permit No. 1000– 504–7948. the Commission not to accept this
1617–04. agreement or otherwise comment on its
CONTACT PERSON FOR MORE INFORMATION:
ADDRESSES: The documents related to contents by filing a written request with
Todd A. Stevenson, Office of the
this action are available for review upon the Office of the Secretary by October 2,
Secretary, U.S. Consumer Product
written request or by appointment in the 2009.
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Safety Commission, 4330 East-West
following offices: Highway, Bethesda, MD 20814, (301) ADDRESSES: Persons wishing to
Permits, Conservation and Education 504–7923. comment on this Settlement Agreement
Division, Office of Protected Resources, should send written comments to the
NMFS, 1315 East-West Highway, Room Dated: September 11, 2009. Comment 09–C0036, Office of the
13705, Silver Spring, MD 20910; phone Todd A. Stevenson, Secretary, Consumer Product Safety
(301)713–2289; fax (301)713–0376; Secretary. Commission, 4330 East West Highway,
Southwest Region, NMFS, 501 West [FR Doc. E9–22397 Filed 9–16–09; 8:45 am] Room 502, Bethesda, Maryland 20814–
Ocean Blvd., Suite 4200, Long Beach, BILLING CODE 6355–01–M 4408.
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