58260 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 

Dated: September 21, 2004.

Linda S. Kahan,

Deputy Director, Center for Devices and 

Radiological Health.

[FR Doc. 04–22011 Filed 9–29–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF COMMERCE

Patent and Trademark Office 

37 CFR Parts 1 and 41 

RIN 0651–AB32 

Rules of Practice Before the Board of 

Patent Appeals and Interferences

AGENCY: United States Patent and 

Trademark Office, Commerce.

ACTION: Final rule; Correcting 

amendments. 

SUMMARY: The United States Patent and 

Trademark Office (Office) is correcting a 

rule that appeared in the Federal 

Register of 12 August 2004 (69 FR 

49960). The document revised the rules 

of practice before the Board of Patent 

Appeals and Interferences and made 

corresponding amendments to rules in 

37 CFR part 1.

DATES: Effective date: September 30, 

2004.

FOR FURTHER INFORMATION CONTACT:

Richard Torczon, 703–308–9797.

SUPPLEMENTARY INFORMATION: In FR Doc. 

04–17699 appearing on page 49960 in 

the Federal Register of 12 August 2004, 

the following correction is made to the 

SUPPLEMENTARY INFORMATION:

On page 49980, first column, third 

full paragraph (answer to comment 69), 

the fourth sentence ‘‘Furthermore, it is 

noted that the appellant can file a 

request for continued prosecution 

pursuant to § 1.114 and then the 

appellant would be able to submit an 

amendment and/or evidence directed to 

only claims unrelated to the new ground 

of rejection and have such considered 

by the examiner.’’ is corrected to read: 

‘‘Furthermore, it is noted that the 

appellant can file a request for 

continued prosecution pursuant to 

§ 1.114 and then the appellant would be 

able to submit an amendment and/or 

evidence also directed to claims 

unrelated to the new ground of rejection 

and have such considered by the 

examiner.’’

List of Subjects 

37 CFR Part 1 

Administrative practice and 

procedure, Biologics, Courts, Freedom 

of information, Inventions and patents, 

Reporting and recordkeeping 

requirements, Small businesses. 

37 CFR Part 41 

Administrative practice and 

procedure, Inventions and patents, 

Lawyers.

■ Therefore, 37 CFR parts 1 and 41 are 

corrected by making the following 

correcting amendments:

PART 1—RULES OF PRACTICE IN 

PATENT CASES

■ 1. The authority citation continues to 

read as follows:

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

otherwise noted.

■ 2. In § 1.248, revise paragraph (c) to 

read as follows:

§ 1.248 Service of papers; manner of 

service; proof of service in cases other than 

interferences.

* * * * *

(c) See § 41.106(e) of this title for 

service of papers in contested cases 

before the Board of Patent Appeals and 

Interferences.

■ 3. In § 1.302, revise paragraph (b) to 

read as follows:

§ 1.302 Notice of appeal.

* * * * *

(b) In interferences, the notice must be 

served as provided in § 41.106(e) of this 

title.

* * * * *

■ 4. In § 1.303, revise paragraph (c) to 

read as follows:

§ 1.303 Civil action under 35 U.S.C. 145, 

146, 306.

* * * * *

(c) A notice of election under 35 

U.S.C. 141 to have all further 

proceedings on review conducted as 

provided in 35 U.S.C. 146 must be filed 

with the Office of the Solicitor and 

served as provided in § 41.106(e) of this 

title.

* * * * *

PART 41—PRACTICE BEFORE THE 

BOARD OF PATENT APPEALS AND 

INTERFERENCES

■ 5. The authority citation continues to 

read as follows:

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 

23, 32, 41, 134, 135.

■ 6. In § 41.3, revise paragraph (e)(1) to 

read as follows:

§ 41.3 Petitions.

* * * * *

(e) Time for action. (1) Except as 

otherwise provided in this part or as the 

Board may authorize in writing, a party 

may: 

(i) File the petition within 14 days 

from the date of the action from which 

the party is requesting relief, and 

(ii) File any request for 

reconsideration of a petition decision 

within 14 days of the decision on 

petition or such other time as the Board 

may set.

* * * * *

■ 7. In § 41.127, revise paragraph (d) to 

read as follows:

§ 41.127 Judgment.

* * * * *

(d) Rehearing. A party dissatisfied 

with the judgment may file a request for 

rehearing within 30 days of the entry of 

the judgment. The request must 

specifically identify all matters the party 

believes to have been misapprehended 

or overlooked, and the place where the 

matter was previously addressed in a 

motion, opposition, or reply.

■ 8. In § 41.154, revise paragraph (c)(1) to 

read as follows:

§ 41.154 Form of evidence.

* * * * *

(c) * * * 

(1) Each exhibit must have an exhibit 

label with a unique number in a range 

assigned by the Board, the names of the 

parties, and the proceeding number in 

the following format:

JONES EXHIBIT 2001 

Jones v. Smith 

Contested Case 104,999

* * * * *

■ 9. In § 41.155, revise paragraph (b) to 

read as follows:

§ 41.155 Objection; motion to exclude; 

motion in limine.

* * * * *

(b) Other than deposition. For 

evidence other than deposition 

evidence: 

(1) Objection. Any objection must be 

served within five business days of 

service of evidence, other than 

deposition evidence, to which the 

objection is directed. 

(2) Supplemental evidence. The party 

relying on evidence for which an 

objection is timely served may respond 

to the objection by serving supplemental 

evidence within ten business days of 

service of the objection.

* * * * *

Dated: September 24, 2004. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office.

[FR Doc. 04–21966 Filed 9–29–04; 8:45 am] 

BILLING CODE 3510–16–P