Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 18907 

■ 21. Section 1.979 is amended by 

revising its heading and paragraph (b) to 

read as follows: 

§ 1.979 Return of Jurisdiction from the 

Board of Patent Appeals and Interferences; 

termination of appeal proceedings. 

* * * * * 

(b) Upon judgment in the appeal 

before the Board of Patent Appeals and 

Interferences, if no further appeal has 

been taken (§ 1.983), the prosecution in 

the inter partes reexamination 

proceeding will be terminated and the 

Director will issue and publish a 

certificate under § 1.997 concluding the 

proceeding. If an appeal to the U.S. 

Court of Appeals for the Federal Circuit 

has been filed, that appeal is considered 

terminated when the mandate is issued 

by the Court. 

■ 22. Section 1.983 is amended by 

revising paragraph (a) to read as follows: 

§ 1.983 Appeal to the United States Court 

of Appeals for the Federal Circuit in inter 

partes reexamination. 

(a) The patent owner or third party 

requester in an inter partes 

reexamination proceeding who is a 

party to an appeal to the Board of Patent 

Appeals and Interferences and who is 

dissatisfied with the decision of the 

Board of Patent Appeals and 

Interferences may, subject to § 41.81, 

appeal to the U.S. Court of Appeals for 

the Federal Circuit and may be a party 

to any appeal thereto taken from a 

reexamination decision of the Board of 

Patent Appeals and Interferences. 

* * * * * 

■ 23. Section 1.989 is amended by 

revising paragraph (a) to read as follows: 

§ 1.989 Merger of concurrent 

reexamination proceedings. 

(a) If any reexamination is ordered 

while a prior inter partes reexamination 

proceeding is pending for the same 

patent and prosecution in the prior inter 

partes reexamination proceeding has 

not been terminated, a decision may be 

made to merge the two proceedings or 

to suspend one of the two proceedings. 

Where merger is ordered, the merged 

examination will normally result in the 

issuance and publication of a single 

reexamination certificate under § 1.997. 

* * * * * 

■ 24. Section 1.991 is revised to read as 

follows: 

§ 1.991 Merger of concurrent reissue 

application and inter partes reexamination 

proceeding. 

If a reissue application and an inter 

partes reexamination proceeding on 

which an order pursuant to § 1.931 has 

been mailed are pending concurrently 

on a patent, a decision may be made to 

merge the two proceedings or to 

suspend one of the two proceedings. 

Where merger of a reissue application 

and an inter partes reexamination 

proceeding is ordered, the merged 

proceeding will be conducted in 

accordance with §§ 1.171 through 1.179, 

and the patent owner will be required 

to place and maintain the same claims 

in the reissue application and the inter 

partes reexamination proceeding during 

the pendency of the merged proceeding. 

In a merged proceeding the third party 

requester may participate to the extent 

provided under §§ 1.902 through 1.997 

and 41.60 through 41.81, except that 

such participation shall be limited to 

issues within the scope of inter partes 

reexamination. The examiner’s actions 

and any responses by the patent owner 

or third party requester in a merged 

proceeding will apply to both the 

reissue application and the inter partes 

reexamination proceeding and be 

physically entered into both files. Any 

inter partes reexamination proceeding 

merged with a reissue application shall 

be concluded by the grant of the 

reissued patent. 

■ 25. Section 1.997 is amended by 

revising its heading and paragraphs (a), 

(b), and (d) to read as follows: 

§ 1.997 Issuance and publication of inter 

partes reexamination certificate concludes 

inter partes reexamination proceeding. 

(a) To conclude an inter partes 

reexamination proceeding, the Director 

will issue and publish an inter partes 

reexamination certificate in accordance 

with 35 U.S.C. 316 setting forth the 

results of the inter partes reexamination 

proceeding and the content of the patent 

following the inter partes reexamination 

proceeding. 

(b) A certificate will be issued and 

published in each patent in which an 

inter partes reexamination proceeding 

has been ordered under § 1.931. Any 

statutory disclaimer filed by the patent 

owner will be made part of the 

certificate. 

* * * * * 

(d) If a certificate has been issued and 

published which cancels all of the 

claims of the patent, no further Office 

proceedings will be conducted with that 

patent or any reissue applications or any 

reexamination requests relating thereto. 

* * * * * 

PART 41—PRACTICE BEFORE THE 

BOARD OF PATENT APPEALS AND 

INTERFERENCES 

■ 26. The authority citation for 37 CFR 

part 41 continues to read as follows: 

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

23, 32, 41, 134, 135. 

■ 27. Section 41.4 is amended by 

revising paragraph (b) to read as follows: 

§ 41.4 Timeliness. 

* * * * * 

(b) Late filings. (1) A late filing that 

results in either an application 

becoming abandoned or a reexamination 

prosecution becoming terminated under 

§§ 1.550(d) or 1.957(b) of this title or 

limited under § 1.957(c) of this title may 

be revived as set forth in § 1.137 of this 

title. 

(2) A late filing that does not result in 

either an application becoming 

abandoned or a reexamination 

prosecution becoming terminated under 

§§ 1.550(d) or 1.957(b) of this title or 

limited under § 1.957(c) of this title will 

be excused upon a showing of excusable 

neglect or a Board determination that 

consideration on the merits would be in 

the interest of justice. 

* * * * * 

Dated: April 9, 2007. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E7–7202 Filed 4–13–07; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Parts 2 and 7 

[Docket No.: PTO–T–2007–0005] 

RIN 0651–AC11 

Correspondence With the Madrid 

Processing Unit of the United States 

Patent and Trademark Office 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Final rule. 

SUMMARY: The United States Patent and 

Trademark Office (Office) revises the 

rules of practice to change the address 

for correspondence with the Madrid 

Processing Unit of the Office. The Office 

relocated to Alexandria, Virginia, in 

2004, and hereby changes the address 

for correspondence with the Office 

relating to filings pursuant to the 

Protocol Relating to the Madrid 

Agreement Concerning the International 

Registration of Marks to an Alexandria, 

Virginia address. 

DATES: Effective Date: The changes in 

this final rule are effective April 16, 

2007. 


cprice-sewell on PROD1PC66 with RULES
18908 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Chicoski, Office of the 

Commissioner for Trademarks, (571) 

272–8943, or via e-mail at 

Jennifer.chicoski@uspto.gov. 

SUPPLEMENTARY INFORMATION: In 

connection with the relocation of the 

Office to Alexandria, Virginia, in 2004, 

the Office previously changed most of 

its correspondence addresses so that 

correspondence has been routed 

through a United States Postal Service 

(USPS) facility that is more 

conveniently located to the Office. A 

post office box had been retained in 

Arlington, Virginia, the previous 

location of the Office, for the acceptance 

of certain correspondence, including 

submissions to the Madrid Processing 

Unit (MPU) of the Office. 

The Office has now made 

arrangements so that correspondence to 

the MPU may be routed to the Office at 

its current location. In connection with 

the address change, the USPS has 

provided a separate routing +4 zip code 

to distinguish mail for the MPU from 

other Office mail, and all 

correspondence to the MPU should now 

be sent to the Office’s main 

headquarters, addressed with the 

separate routing +4 zip code. 

The Office appreciates that it will take 

some period of time for all persons 

filing correspondence with the MPU to 

become accustomed to the address 

change. Although the address change is 

effective immediately, the Office plans 

to arrange for continued delivery of 

correspondence addressed to the MPU’s 

former Arlington, Virginia 22215 

address as a courtesy for a limited 

period of time. The Office cannot ensure 

the availability of the Arlington, 

Virginia Post Office Box for receipt of 

MPU correspondence after October 31, 

2007. 

The Office also is adding reference to 

a particular type of correspondence, 

requests to note replacements under 

§ 7.28, that are presently not identified 

in the rule as being accepted by mail or 

via hand delivery, in order to clarify 

that the Office does accept such requests 

by mail or by hand during the hours the 

Office is open to receive 

correspondence. 

Discussion of Specific Rules 

The Office is amending §§ 2.190(e) 

and 7.4(b) to provide that international 

applications under § 7.11, subsequent 

designations under § 7.21, responses to 

notices of irregularity under § 7.14, 

requests to record changes in the 

International Register under § 7.23 and 

§ 7.24, requests to note replacement 

under § 7.28, requests for transformation 

under § 7.31, and petitions to the 

Director to review an action of the 

Office’s MPU, when filed by mail, must 

be addressed to: Madrid Processing 

Unit, 600 Dulany Street, MDE–7B87, 

Alexandria, VA 22314–5793. The Office 

is amending § 7.4(b)(2) to add that 

requests to note replacement under 

§ 7.28, when filed by mail, will be 

accorded the date of receipt in the 

Office. The Office is amending § 7.4(c) 

to add requests to note replacement 

under § 7.28 to the list of 

correspondence that may be handdelivered to the Office. 

Rule Making Requirements 

Administrative Procedure Act: Since 

this final rule is directed to changing the 

address for filing certain 

correspondence with the Office, this 

final rule merely involves rules of 

agency organization, procedure, or 

practice within the meaning of 5 U.S.C. 

553(b)(A). Accordingly, this final rule 

may be adopted without prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b) and (c), or thirtyday advance publication under 5 U.S.C. 

553(d). 

Regulatory Flexibility Act: As prior 

notice and an opportunity for public 

comment are not required pursuant to 5 

U.S.C. 553 (or any other law), a 

regulatory flexibility analysis under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) is not required. See 5 U.S.C. 603. 

Executive Order 13132: This rule 

making does not contain policies with 

federalism implications sufficient to 

warrant preparation of a Federalism 

Assessment under Executive Order 

13132 (Aug. 4, 1999). 

Executive Order 12866: This rule 

making has been determined to be not 

significant for purposes of Executive 

Order 12866 (Sept. 30, 1993). 

Paperwork Reduction Act: This rule 

making does not create any new 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501 et seq.). 

Notwithstanding any other provision 

of law, no person is required to respond 

to nor shall a person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act unless that collection of 

information displays a currently valid 

OMB control number. The collection of 

this information has been approved by 

OMB under control number 0651–0055. 

List of Subjects 

37 CFR Part 2 

Administrative practice and 

procedure, Trademarks. 

37 CFR Part 7 

Administrative practice and 

procedure, Trademarks, International 

Registration. 

■ For the reasons given in the preamble 

and under the authority contained in 15 

U.S.C. 1123 and 35 U.S.C. 2, as 

amended, the Office is amending parts 

2 and 7 of Title 37 of the Code of 

Federal Regulations, as follows: 

PART 2—RULES OF PRACTICE IN 

TRADEMARK CASES 

■ 1. The authority citation for part 2 

continues to read: 

Authority: 15 U.S.C. 1123, 35 U.S.C. 2, 

unless otherwise noted. 

■ 2. Amend § 2.190 by revising 

paragraph (e) to read as follows: 

§ 2.190 Addresses for trademark 

correspondence with the United States 

Patent and Trademark Office. 

* * * * * 

(e) Certain Documents Relating to 

International Applications and 

Registrations. International applications 

under § 7.11, subsequent designations 

under § 7.21, responses to notices of 

irregularity under § 7.14, requests to 

record changes in the International 

Register under § 7.23 and § 7.24, 

requests to note replacements under 

§ 7.28, requests for transformation under 

§ 7.31, and petitions to the Director to 

review an action of the Office’s Madrid 

Processing Unit, when filed by mail, 

must be mailed to: Madrid Processing 

Unit, 600 Dulany Street, MDE–7B87, 

Alexandria, VA 22314–5793. 

PART 7—RULES OF PRACTICE IN 

FILINGS PURSUANT TO THE 

PROTOCOL RELATING TO THE 

MADRID AGREEMENT CONCERNING 

THE INTERNATIONAL REGISTRATION 

OF MARKS 

■ 3. The authority citation for part 7 

continues to read: 

Authority: 15 U.S.C. 1135, 35 U.S.C. 2, 

unless otherwise noted. 

■ 4. Amend § 7.4 by revising paragraphs 

(b) introductory text, (b)(2) and (c) to 

read as follows: 

§ 7.4 Receipt of correspondence. 

* * * * * 

(b) Correspondence Filed By Mail. 

International applications under § 7.11, 

subsequent designations under § 7.21, 

responses to notices of irregularity 

under § 7.14, requests to record changes 

in the International Register under 

§ 7.23 and § 7.24, requests to note 

replacement under § 7.28, requests for 

transformation under § 7.31, and 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 18909 

petitions to the Director to review an 

action of the Office’s Madrid Processing 

Unit, when filed by mail, must be 

addressed to: Madrid Processing Unit, 

600 Dulany Street, MDE–7B87, 

Alexandria, VA 22314–5793. 

(1) * * * 

(2) Responses to notices of irregularity 

under § 7.14, requests to note 

replacement under § 7.28, and requests 

for transformation under § 7.31, when 

filed by mail, will be accorded the date 

of receipt in the Office. 

(c) Hand-Delivered Correspondence. 

International applications under § 7.11, 

subsequent designations under § 7.21, 

responses to notices of irregularity 

under § 7.14, requests to record changes 

in the International Register under 

§ 7.23 and § 7.24, requests to note 

replacement under § 7.28, requests for 

transformation under § 7.31, and 

petitions to the Director to review an 

action of the Office’s Madrid Processing 

Unit, may be delivered by hand during 

the hours the Office is open to receive 

correspondence. Madrid-related handdelivered correspondence must be 

delivered to the Trademark Assistance 

Center, James Madison Building—East 

Wing, Concourse Level, 600 Dulany 

Street, Alexandria, VA 22314, Attention: 

MPU. 

* * * * * 

Dated: April 9, 2007. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E7–7116 Filed 4–13–07; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 410, 411, 414, 415, 

and 424 

[CMS–1321–F2] 

RIN 0938–AN84 

Medicare Program; Revisions to 

Payment Policies, Five-Year Review of 

Work Relative Value Units, and 

Changes to the Practice Expense 

Methodology Under the Physician Fee 

Schedule, and Other Changes to 

Payment Under Part B; Correcting 

Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correcting amendment. 

SUMMARY: This correcting amendment 

corrects several technical and 

typographical errors in the final rule 

with comment period that appeared in 

the December 1, 2006 Federal Register 

(71 FR 69624). The final rule with 

comment period addressed Medicare 

Part B payment policy, including the 

physician fee schedule (PFS) that is 

applicable for calendar year (CY) 2007; 

payment for covered outpatient drugs 

and biologicals; payment for renal 

dialysis services; and policies related to 

independent diagnostic testing facilities 

(IDTFs). The final rule with comment 

period also updated the list of certain 

services subject to the physician selfreferral prohibitions. 

DATES: Effective Date: Pursuant to 

section 1871(e) of the Act, except for the 

corrections to § 410.33, this correcting 

amendment is effective January 1, 2007. 

The corrections to § 410.33 are effective 

April 16, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Diane Milstead, (410) 786–3355. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FR Doc. 06–9086 (71 FR 69624), the 

final rule with comment period entitled 

‘‘Medicare Program; Revisions to 

Payment Policies, Five-Year Review of 

Work Relative Value Units, and Changes 

to the Practice Expense Methodology 

Under the Physician Fee Schedule, and 

Other Changes to Payment Under Part B; 

Revisions to the Payment Policies of 

Ambulance Services Under the Fee 

Schedule for Ambulance Services; 

Ambulance Inflation Factor Update for 

CY 2007’’ (hereinafter referred to as the 

CY 2007 PFS final rule with comment 

period), contained technical and 

typographical errors. Some of these 

technical and typographical errors were 

addressed in the correction notice that 

appeared in the December 8, 2006 

Federal Register (71 FR 58415). 

Additional errors have been identified 

in the CY 2007 PFS final rule with 

comment period and are addressed in 

this correcting amendment. 

II. Errors in the Preamble 

A. Summary of Errors in the Preamble 

In the preamble of the CY 2007 PFS 

final rule with comment period, there 

were a number of technical errors and 

omissions. 

On page 69635, following the section 

heading titled, ‘‘(vi) Equipment Cost Per 

Minute,’’ there was an error in the 

formula for calculating the equipment 

cost per minute. 

On page 69647, language was 

inadvertently omitted from the response 

concerning cardiac monitoring services. 

On page 69654, in Table 5, ‘‘Practice 

Expense Supply Item Additions for CY 

2007’’, we incorrectly included a supply 

item and failed to include the unit price 

of another item. 

On page 69663, the word ‘‘an’’ was 

incorrectly typed to read ‘‘as’’ in two 

places. 

On page 69671, the word ‘‘not’’ was 

incorrectly included in a sentence. 

On page 69677, the word ‘‘of’’ was 

missing from a sentence. 

On page 69688, under the section 

heading titled, ‘‘d. ‘‘ESRD Wage Index 

Tables,’’ the references to addenda were 

incorrect. 

On page 69696, the word ‘‘supplier’’

was misspelled. 

On page 69699 in the narrative 

concerning revisions to the performance 

standards for IDTFs, we inadvertently 

omitted language specifying that 

paragraphs (g) and (h) are not applicable 

to those services included in 

§ 410.33(a)(2). We also inadvertently 

included language requiring IDTFs to 

list serial numbers and that was not our 

intention. 

On pages 69744, the narrative 

concerning Table 17 contained several 

errors. 

On pages 69746, certain CPT codes 

were incorrectly included in Table 17. 

On page 69747, we incorrectly 

included a discussion about gold 

markers for CPT code 55876. 

On page 69748, the word ‘‘radiology’’

was incorrectly stated as ‘‘radiation.’’

On page 69749, the word ‘‘of’’ should 

be removed from the phrase ‘‘radiology 

of and certain other imaging services.’’

On pages 69749 and 69750, in Table 

18, under the subheading, ‘‘Radiology 

and certain other imaging services,’’ we 

made errors in the descriptors for CPT 

codes 0174T and 0175T and HCPCS 

codes A9567, A9568, Q9952, and 

Q9953. 

On page 69750, in Table 19, we 

omitted CPT codes 78350 and G0243. 

On page 69760, language was omitted 

from the formula. 

On pages 69769 and 69770, in Table 

36, ‘‘Impact of Final Rule with 

Comment Period and Estimated 

Physician Update on 2007 Payment for 

Selected Procedures’’, we identified 

errors in the new payment amounts for 

the following CPT and HCPCS codes: 

27130, 27244, 27447, 33533, 35301, 

43239, 77056, 77056–26, 77057, 77057–

26, 92980, 93000, 93015 and G0317. 

Corrections to these errors are 

reflected in section II.B. of this 

correcting amendment. 

B. Correction of Errors in the Preamble 

1. On page 69635, in the 3rd column, 

under the discussion titled, ‘‘(vi) 


cprice-sewell on PROD1PC66 with RULES