74 FR 47780 - Request for Comments on Interim Examination

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					                                                    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
cprice-sewell on DSK2BSOYB1PROD with NOTICES

                                                    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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