15690 Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices 

determination within one month from 

the filing of the appeal brief. To assist 

appellants in complying with 37 CFR 

41.37, the BPAI has posted checklists 

for notices of appeal and appeal briefs 

and a list of eight reasons appeal briefs 

have been previously held to be 

noncompliant, on the USPTO Web site 

at http://www.uspto.gov/ip/boards/bpai/ 

procedures/ 

guidance_noncompliant_briefs.jsp. If 

the appeal brief is determined to be 

compliant with 37 CFR 41.37, the Chief 

Judge will accept the appeal brief and 

forward it to the examiner for 

consideration. If the Chief Judge 

determines that the appeal brief is not 

compliant with 37 CFR 41.37 and sends 

appellant a notice of noncompliant brief 

requiring a corrected brief, appellant 

will be required to file a corrected brief 

within the time period set forth in the 

notice to avoid the dismissal of the 

appeal. See 37 CFR 41.37(d). The Chief 

Judge will also have the sole 

responsibility for determining whether 

corrected briefs comply with 37 CFR 

41.37, and will address any inquiries 

and petitions regarding notices of 

noncompliant briefs. 

The Chief Judge’s responsibility for 

determining whether appeal briefs 

comply with 37 CFR 41.37 is not 

considered a transfer of jurisdiction 

when an appeal brief is filed, but rather 

is only a transfer of the specific 

responsibility of notifying appellant 

under 37 CFR 41.37(d) of the reasons for 

non-compliance. The Patent Examining 

Corps retains the jurisdiction over the 

application to consider the appeal brief, 

conduct an appeal conference, draft an 

examiner’s answer, and decide the entry 

of amendments, evidence, and 

information disclosure statements filed 

after final or after the filing of a notice 

of appeal. Furthermore, petitions 

concerning the refusal to enter 

amendments and/or evidence remain 

delegated to the Patent Examining Corps 

as provided in the Manual of Patent 

Examining Procedure (MPEP) 

§§ 1002.02(b) and (c). 

Once the Chief Judge accepts the 

appeal brief as compliant, an examiner’s 

answer will be provided in the 

application if the examiner determines 

that the appeal should be maintained 

after an appeal conference is conducted. 

See MPEP §§ 1207–1207.02. The 

examiner will treat all pending, rejected 

claims as being on appeal. If the notice 

of appeal or appeal brief identifies fewer 

than all of the rejected claims as being 

appealed, the issue will be addressed by 

the BPAI panel. The jurisdiction of the 

application will be transferred to the 

BPAI when a docketing notice is entered 

after the time period for filing a reply 

brief expires or the examiner 

acknowledges the receipt and entry of 

the reply brief. After taking jurisdiction, 

the BPAI will not return or remand the 

application to the Patent Examining 

Corps for issues related to a 

noncompliant appeal brief. 

This notice does not apply to 

reexamination proceedings. The Office 

is considering a streamlined procedure 

for review of briefs filed in 

reexamination proceedings, in which 

the Chief Judge will also have the sole 

responsibility for determining whether 

briefs filed in ex parte reexamination 

proceedings comply with 37 CFR 41.37 

and briefs filed in inter partes 

reexamination proceedings comply with 

37 CFR 41.67, 41.68, and 41.71. 

Dated: March 24, 2010. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2010–7034 Filed 3–29–10; 8:45 am] 

BILLING CODE 3510–16–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Information Collection; Submission for 

OMB Review, Comment Request 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Notice. 

SUMMARY: The Corporation for National 

and Community Service (hereinafter the 

‘‘Corporation’’), has submitted a public 

information collection request (ICR) 

entitled the Learn and Serve America 

Progress Report to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, (44 U.S.C. Chapter 

35). Copies of this ICR, with applicable 

supporting documentation, may be 

obtained by calling the Corporation for 

National and Community Service, 

Meredith Archer Hatch at (202) 606– 

7513. Individuals who use a 

telecommunications device for the deaf 

(TTY–TDD) may call (202) 606–3472 

between 8:30 a.m. and 5 p.m. eastern 

time, Monday through Friday. 

ADDRESSES: Comments may be 

submitted, identified by the title of the 

information collection activity, to the 

Office of Information and Regulatory 

Affairs, Attn: Ms. Sharon Mar, OMB 

Desk Officer for the Corporation for 

National and Community Service, by 

any of the following two methods 

within 30 days from the date of 

publication in this Federal Register: 

(1) By fax to: (202) 395–6974, 

Attention: Ms. Sharon Mar, OMB Desk 

Officer for the Corporation for National 

and Community Service; and 

(2) Electronically by e-mail to: 

smar@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: The OMB 

is particularly interested in comments 

which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Corporation, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Propose ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and 

• Propose ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submissions of responses. 

Comments 

A 60-day public comment Notice was 

published in the Federal Register on 

December 24, 2009. This comment 

period ended February 22, 2010. No 

public comments were received from 

this Notice. 

Description: The Corporation is 

seeking approval of its proposed 

renewal of its Learn and Serve America 

Progress Report. These reports must be 

completed by all Learn and Serve 

America grantees in order to ensure 

appropriate Federal oversight, 

determine progress toward meeting 

program objectives and make decisions 

related to continuation funding. 

Learn and Serve America provides 

grants to state education agencies, 

higher education institutions, tribes, 

and U.S. Territories, national nonprofits 

and state commissions on nation and 

community service to implement 

service-learning programs. To ensure 

appropriate oversight of Federal funds, 

Learn and Serve America requires all 

grant recipients to submit Progress 

Reports describing grant activities and 

progress toward approved program 

objectives. Information received from 

the reports informs continuation 

funding decisions and how to target 

training and technical assistance. 

Copies of the information collection 

requests can be obtained by contacting 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices 15691 

the office listed in the addresses section 

of this notice. 

Type of Review: Renewal. 

Agency: Corporation for National and 

Community Service. 

Title: Learn and Serve America 

Progress Report. 

OMB Number: 3045–0089. 

Agency Number: None. 

Affected Public: State and Local 

Government, Not-for-profit institutions. 

Total Respondents: 175. 

Frequency: Twice Annually. 

Average Time per Response: Averages 

2 hours. 

Estimated Total Burden Hours: 700 

(annual). 

Total Burden Cost (capital/startup): 

None. 

Total Burden Cost (operating/ 

maintenance): None. 

Dated: March 23, 2010. 

Cara Patrick, 

Learn and Serve America. 

[FR Doc. 2010–6953 Filed 3–29–10; 8:45 am] 

BILLING CODE 6050–$$–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Proposed Information Collection; 

Comment Request 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Notice. 

SUMMARY: The Corporation for National 

and Community Service (hereinafter the 

‘‘Corporation’’), as part of its continuing 

effort to reduce paperwork and 

respondent burden, conducts a preclearance consultation program to 

provide the general public and federal 

agencies with an opportunity to 

comment on proposed and/or 

continuing collections of information in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA95) (44 

U.S.C. Sec. 3506(c)(2)(A)). This program 

helps to ensure that requested data can 

be provided in the desired format, 

reporting burden (time and financial 

resources) is minimized, collection 

instruments are clearly understood, and 

the impact of the collection requirement 

on respondents can be properly 

assessed. 

Currently, the Corporation is 

soliciting comments concerning its 

proposed renewal of ‘‘Application for 

the President’s Higher Education 

Community Service Honor Roll’’ which 

will involve the collection of 

information from institutions of higher 

education concerning community 

service activities and will provide the 

basis for the national honor roll and 

awards program. Each year the Honor 

Roll program includes a Special Focus 

Area that awards excellence in a 

specific category of community service 

work. This Special Focus Area will fall 

within the Administration’s and Edward 

M. Kennedy Serve America Act’s (Pub. 

L. 111–13) national service priorities: 

Education, health, clean energy, veteran 

and economic opportunity. 

Copies of the information collection 

requests can be obtained by contacting 

the office listed in the addresses section 

of this notice. 

DATES: Written comments must be 

submitted to the individual and office 

listed in the ADDRESSES section by June 

1, 2010. 

ADDRESSES: You may submit comments, 

identified by the title of the information 

collection activity, by any of the 

following methods: 

(1) By mail sent to: Corporation for 

National and Community Service, Learn 

and Serve America; Attention: Kevin 

Michael Days, Advisor, Higher 

Education Special Initiatives, Room 

9616A; 1201 New York Avenue, NW., 

Washington, DC 20525. 

(2) By hand delivery or by courier to 

the Corporation’s mailroom at Room 

8100 at the mail address given in 

paragraph (1) above, between 9 a.m. and 

4 p.m. Monday through Friday, except 

Federal holidays. 

(3) By fax to: (202) 606–3477, 

Attention: Kevin Michael Days, Advisor, 

Higher Education Special Initiatives. 

(4) Electronically through 

www.regulations.gov. Individuals who 

use a telecommunications device for the 

deaf (TTY–TDD) may call (202) 606– 

3472 between 8:30 a.m. and 5 p.m. 

eastern time, Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Michael Days, (202) 606–6899, or 

by e-mail at kdays@cns.gov. 

SUPPLEMENTARY INFORMATION: 

The Corporation is particularly 

interested in comments that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Corporation, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are expected to respond, including the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology 

(e.g., permitting electronic submissions 

of responses). 

Background 

The President’s Higher Education 

Community Service Honor Roll program 

is designed to identify and reward 

exemplary higher education community 

service programs and practices. This 

program helps fulfill the Corporation’s 

strategic goals of engaging Americans, 

particularly millions of college students, 

in service, and ensuring that all higher 

education institutions provide, or 

stimulate the creation of resources to 

coordinate service, service-learning, and 

community partnerships. Beginning 

with the fifth year of the Honor Roll 

program, the application will include a 

special focus area that will highlight the 

national service priorities of the 

Administration and the Edward M. 

Kennedy Serve America Act, by 

encouraging higher education 

institutions’ efforts to tackle priorities 

ranging from increasing high school 

graduation rates to fostering economic 

opportunity. 

Current Action 

The Corporation seeks to renew the 

current information collection. The 

Corporation is making the following 

changes to the application and guidance 

for two reasons. First, to better align the 

program with the current 

Administration’s goals for service, (i.e., 

measuring the impact of service in the 

community, strengthening of civic 

infrastructures, and building the 

capacities of nonprofits) the focus of the 

application is moving away from 

individual project descriptions toward 

institutional and long-term support of 

community service. The Corporation is 

also revising the Special Focus area 

competition to align with the current 

Administration’s and Edward M. 

Kennedy Serve America Act’s national 

service priorities. 

Second, as a result of feedback from 

respondents from the higher education 

field, we are reducing the number of 

project descriptions within the 

application and instructing applicants 

to align their project/program 

descriptions to their institution’s overall 

support for community service. These 

changes will reduce the number of 

project/program descriptions from five 

to three but will include expanded 

opportunity for applicants to 

demonstrate the connection of this 

service to their larger institutional 

commitment to service, and the impact 


jlentini on DSKJ8SOYB1PROD with NOTICES