52686 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0842] 

RIN 1625–AA00 

Safety Zone, Chicago Harbor, Navy 

Pier Southeast, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier Southeast Safety Zone in 

Chicago Harbor from October 2, 2009, 

through October 31, 2009. This action is 

necessary and intended to ensure safety 

of life on the navigable waters 

immediately prior to, during, and 

immediately after fireworks events. This 

rule will establish restrictions upon and 

control movement of vessels in the 

specified area immediately prior to, 

during, and immediately after the 

fireworks events. During the 

enforcement period, no person or vessel 

may enter the safety zone without 

permission of the Captain of the Port 

Lake Michigan. 

DATES: The regulations in 33 CFR 

165.931 will be enforced during the 

times listed in the SUPPLEMENTARY

INFORMATION from October 2, 2009, to 

October 31, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail BM1 Adam Kraft, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI; telephone 

414–747–7154, e-mail 

Adam.D.Kraft@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

safety zone, Chicago Harbor, Navy Pier 

Southeast, Chicago, IL, as listed in 33 

CFR 165.931, for the following events, 

dates, and times: 

(1) Navy Pier Friday Fireworks: on 

October 2, 2009, from 8:45 p.m. through 

9:30 p.m.; on October 9, 2009, from 8:45 

p.m. through 9:30 p.m.; on October 16, 

2009, from 8:45 p.m. through 9:30 p.m.; 

on October 23, 2009, from 8:45 p.m. 

through 9:30 p.m.; on October 30, 2009, 

from 8:45 p.m. through 9:30 p.m.; 

(2) Navy Pier Saturday Fireworks: on 

October 3, 2009, from 8:45 p.m. through 

9:30 p.m.; on October 10, 2009, from 

8:45 p.m. through 9:30 p.m.; on October 

17, 2009, from 8:45 p.m. through 9:30 

p.m.; on October 24, 2009, from 8:45 

p.m. through 9:30 p.m.; on October 31, 

2009, from 8:45 p.m. through 9:30 p.m. 

All vessels must obtain permission 

from the Captain of the Port or a 

designated representative to enter, move 

within, or exit the safety zone. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port or the designated representative. 

While within a safety zone, all vessels 

shall operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.931 Safety Zone, Chicago 

Harbor, Navy Pier Southeast, Chicago, 

IL and 5 U.S.C. 552(a). In addition to 

this notice in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

these enforcement periods via broadcast 

Notice to Mariners or Local Notice to 

Mariners. The Captain of the Port will 

issue a Broadcast Notice to Mariners 

notifying the public when enforcement 

of the safety zone established by this 

section is suspended. If the Captain of 

the Port determines that the safety zone 

need not be enforced for the full 

duration stated in this notice, he or she 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

safety zone. The Captain of the Port or 

the designated representative may be 

contacted via VHF–FM Channel 16. 

Dated: September 29, 2009. 

L. Barndt, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. E9–24657 Filed 10–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No.: PTO–P–2009–0049] 

RIN 0651–AC36 

Changes to Practice for Continued 

Examination Filings, Patent 

Applications Containing Patentably 

Indistinct Claims, and Examination of 

Claims in Patent Applications 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Final rule. 

SUMMARY: The United States Patent and 

Trademark Office (Office) published a 

final rule in the Federal Register in 

August of 2007 to revise the rules of 

practice for patent cases pertaining to 

continuing applications and requests for 

continued examination practices, and 

for the examination of claims in patent 

applications (Claims and Continuations 

Final Rule). The Office is revising the 

rules of practice in this final rule to 

remove the changes in the Claims and 

Continuations Final Rule from the Code 

of Federal Regulations. 

DATES: Effective Date: October 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert W. Bahr, Senior Patent Counsel, 

Office of the Deputy Commissioner for 

Patent Examination Policy, by telephone 

at (571) 272–8800; or by mail addressed 

to: Mail Stop Comments Patents, 

Commissioner for Patents, P.O. Box 

1450, Alexandria, VA 22313–1450. 

SUPPLEMENTARY INFORMATION: The Office 

published the Claims and Continuations 

Final Rule in the Federal Register in 

August of 2007, which revised the rules 

of practice in title 37 of the Code of 

Federal Regulations for patent cases 

pertaining to continuing applications 

and requests for continued examination 

practices, and for the examination of 

claims in patent applications. See 

Changes to Practice for Continued 

Examination Filings, Patent 

Applications Containing Patentably 

Indistinct Claims, and Examination of 

Claims in Patent Applications, 72 FR 

46716 (Aug. 21, 2007), 1322 Off. Gaz. 

Pat. Office 76 (Sept. 11, 2007). The 

United States District Court for the 

Eastern District of Virginia (District 

Court) issued an injunction, enjoining 

the Office from implementing the 

changes in the Claims and 

Continuations Final Rule. See Tafas v. 

Dudas, 541 F. Supp. 2d 805, 86 

U.S.P.Q.2d 1623 (E.D. Va. 2008) 

(permanent injunction), and Tafas v. 

Dudas, 511 F. Supp. 2d 652, 86 

U.S.P.Q.2d 1548 (E.D. Va. 2007) 

(preliminary injunction). The Office 

appealed this decision to the United 

States Court of Appeals for the Federal 

Circuit (Federal Circuit). The Federal 

Circuit issued a panel decision holding 

that all of the changes in the Claims and 

Continuations Final Rule fall within the 

Office’s rule making authority to govern 

the conduct of proceedings before the 

Office, but that the provisions 

pertaining to continuing applications 

were inconsistent with 35 U.S.C. 120. 

See Tafas v. Doll, 559 F.3d 1345, 90 

U.S.P.Q.2d 1129 (Fed. Cir. 2009). The 

Federal Circuit en banc then issued an 

order granting a petition for rehearing 

en banc and vacating the panel 

decision. See Tafas v. Doll, 2009 U.S. 

App. LEXIS 14611, 91 U.S.P.Q. 2d 1153 

(Fed. Cir., July 6, 2009). 

The changes in the Claims and 

Continuations Final Rule were added to 

the Code of Federal Regulations, but 

have been the subject of litigation since 

August of 2007 and have never taken 

effect. See Clarification of Patent 


cprice-sewell on DSK2BSOYB1PROD with RULES