60364 Federal Register / Vol. 69, No. 195 / Friday, October 8, 2004 / Notices 

months of June and July. A second 

study would beconducted on loggerhead 

sea turtles in Florida Bay and in a 

nearbylaboratory: annually, up to 50 

adult loggerhead sea turtles would 

becaptured by hand, measured, 

weighed, examined for tumors, 

photographed, PITand flipper tagged, 

skin and blood sampled, and marked on 

the carapace witha white laminating gel 

in the field. The turtles would then be 

transportedby boat to the Keys Marine 

Lab and held for a maximum of 24 

hours. Duringthis time, the researchers 

would perform ultrasounds, testicular 

biopsies,and laparoscopy. The turtles 

would then be transported back to the 

capturesite and released. A subset of 15 

sea turtles would also be tagged with 

acombination of a satellite, sonic and 

temperature-depth recorder. 

Thisresearch would be conducted for 

five years from issuance of the 

permitduring the months of February 

and March.

File No. 1506: Dr. Witherington seeks 

authorization to study neonateand 

juvenile sea turtles in the waters of the 

Gulf of Mexico and theAtlantic Ocean 

off the coast of Florida. Annually, up to 

250 neonate andjuvenile loggerheads, 10 

neonate and juvenile greens, five 

neonate andjuvenile hawksbill, two 

neonate and juvenile Kemp’s ridley, and 

two neonateand juvenile leatherback 

(Dermochelys coriacea) sea turtleswould 

be captured via long-handled dip nets, 

handled, measured, andreleased. A 

subset of up to 50 neonate and juvenile 

loggerhead sea turtleswould be 

transported less than five hours to a 

nearby port, held for 12hours, and then 

transported less than four hours to an 

imaging center wherethey would be 

held for no more than four days and 

examined for plastic andtar loads with 

either a veterinary high-resolution 

magnetic resonanceinterferometry 

instrument or a computerized 

tomography. The turtles wouldthen be 

returned to the point of capture and 

released. Feces samples wouldalso be 

collected during the holding period. 

These activities would beauthorized for 

five years from permit issuance.

Dated: October 1, 2004.

Carrie W. Hubard,

Acting Chief, Permits, Conservation and 

EducationDivision, Office of Protected 

Resources, National Marine FisheriesService.

[FR Doc. 04–22730 Filed 10–7–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

Patent and Trademark Office 

[Docket No. 2004–P–047] 

Grant of Interim Extension of the Term 

of U.S. Patent No. 4,567,264; 

Ranolazine

AGENCY: United States Patent and 

Trademark Office.

ACTION: Notice of interim patent term 

extension. 

SUMMARY: The United States Patent and 

Trademark Office has issued a 

certificate under 35 U.S.C. 156(d)(5) for 

a second one-year interim extension of 

the term of U.S. Patent No. 4,567,264.

FOR FURTHER INFORMATION CONTACT:

Karin Ferriter by telephone at (571) 

272–7744; by mail marked to her 

attention and addressed to Mail Stop 

Patent Ext., Commissioner for Patents, 

P.O. Box 1450, Alexandria, VA 22313–

1450; by fax marked to her attention at 

(571) 273–7744, or by e-mail to 

Karin.Ferriter@uspto.gov.

SUPPLEMENTARY INFORMATION: Section 

156 of Title 35, United States Code, 

generally provides that the term of a 

patent may be extended for a period of 

up to five years if the patent claims a 

product, or a method of making or using 

a product, that has been subject to 

certain defined regulatory review, and 

that the patent may be extended for 

interim periods of up to a year if the 

regulatory review is anticipated to 

extend beyond the expiration date of the 

patent. 

On March 29, 2004, patent owner 

Roche Palo Alto LLC, timely filed an 

application under 35 U.S.C. 156(d)(5) 

for a second interim extension of the 

term of U.S. Patent No. 4,567,264. The 

patent claims the active ingredient 

ranolazine (RanexaTM). The application 

indicates, and the Food and Drug 

Administration (FDA) has confirmed, 

that a New Drug Application for the 

human drug product ranolazine has 

been filed and is currently undergoing 

regulatory review before the FDA for 

permission to market or use the product 

commercially. 

Review of the application indicates 

that, except for permission to market or 

use the product commercially, the 

subject patent would be eligible for an 

extension of the patent term under 35 

U.S.C. 156. Since it is apparent that the 

regulatory review period will continue 

beyond the extended expiration date of 

the patent (May 18, 2004), the term of 

the patent will be extended under 35 

U.S.C. 156(d)(5) for an additional year. 

An interim extension under 35 U.S.C. 

156(d)(5) of the term of U.S. Patent No. 

4,567,264 is granted for an additional 

period of one year from the extended 

expiration date of the patent, i.e., until 

May 18, 2005.

Dated: September 17, 2004. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office.

[FR Doc. 04–22705 Filed 10–7–04; 8:45 am] 

BILLING CODE 3510–16–P

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 05–C0001] 

Johnson Health Tech Co., Ltd. and 

Horizon Fitness, Inc., a Corporation, 

Provisional Acceptance of a 

Settlement Agreement and Order

AGENCY: Consumer Product Safety 

Commission.

ACTION: Notice.

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20. Published 

below is a provisionally-accepted 

Settlement Agreement with Johnson 

Health Tech Co., Ltd. and Horizon 

Fitness, Inc., containing a civil penalty 

of $500,00.

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by October 

25, 2004.

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 05–C0001, Office of the 

Secretary, Consumer Product Safety 

Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT:

Michelle F. Gillice, Trial Attorney, 

Office of Compliance, Consumer 

Product Safety Commission, 

Washington, DC 20207; telephone (301) 

504–7667.

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below.

Dated: October 4, 2004. 

Todd A. Stevenson, 

Secretary.

In the Matter of Johnson Health Tech Co., 

Ltd. and Horizon Fitness, Inc.; Settlement 

Agreement and Order

[CPSC Docket No. 05–C001]

1. Johnson Health Tech Co., Ltd. and 

Horizon Fitness, Inc. and (hereinafter,