42080 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Notices 

In addition, a certificate of correction is 

permissible under 35 U.S.C. 255 only 

for ‘‘a mistake of a clerical or 

typographical nature, or of minor 

character.’’ See 35 U.S.C. 255. 

Thus, the USPTO has long maintained 

that a request for a certificate of 

correction under either 35 U.S.C. 254 or 

255 is not an appropriate venue for 

seeking a change to the patent term 

adjustment indicated on a patent. See 

Revision of Patent Term Extension and 

Patent Term Adjustment Provisions, 69 

FR 21704, 21707 (Apr. 22, 2004) (final 

rule) (‘‘Petitions under [37 CFR] 1.182 or 

1.183, or requests for a certificate of 

correction under either 35 U.S.C. 254 

and [37 CFR] 1.323 or 35 U.S.C. 255 and 

[37 CFR] 1.324, are not substitute fora 

to obtain reconsideration of a patent 

term adjustment determination 

indicated in a notice of allowance if an 

applicant fails to submit a request for 

reconsideration within the time period 

specified in [37 CFR] 1.705(b), or to 

obtain reconsideration of a patent term 

adjustment determination indicated in a 

patent if a patentee fails to submit a 

request for reconsideration within the 

time period specified in [37 CFR] 

1.705(d)’’). The patent term adjustment 

provisions of 35 U.S.C. 154(b) provide 

for the establishment of procedures for 

patent term adjustment determinations, 

including providing the applicant one 

opportunity to request reconsideration 

of any patent term adjustment 

determination. See 35 U.S.C. 154(b)(3). 

It would render the provisions of 35 

U.S.C. 154(b)(3) superfluous if patent 

term adjustment determinations could 

be revised at any time during the life of 

the patent via a certificate of correction 

under 35 U.S.C. 254 or 255. In addition, 

the patent term adjustment provisions of 

35 U.S.C. 154(b) are designed to have 

patent term adjustment issues to be 

resolved shortly after a patent issues by 

providing a period of one hundred and 

eighty days from the grant of the patent 

for seeking court review of the USPTO’s 

patent term adjustment determination 

(rather than the six-year statute of 

limitations otherwise applicable for 

actions under the Administrative 

Procedures Act). See 35 U.S.C. 

154(b)(4). It would negate the purpose of 

the one hundred and eighty day period 

in 35 U.S.C. 154(b)(4) to allow patent 

term adjustment determinations to be 

revised at any time during the life of the 

patent via a certificate of correction 

under 35 U.S.C. 254 or 255. Therefore, 

it is not appropriate to issue a certificate 

of correction under 35 U.S.C. 254 or 255 

to revise the patent term adjustment 

indicated in a patent unless it is being 

revised for consistency with: (1) The 

patent term adjustment determined via 

a decision on a request for 

reconsideration under 37 CFR 1.705; or 

(2) the total patent term adjustment 

indicated on the Patent Application 

Information Retrieval (PAIR) screen that 

displays the patent term adjustment 

calculation for the patent. 

Accordingly, the USPTO is clarifying 

that it will treat letters submitted by 

applicants and patentees stating that the 

USPTO’s patent term adjustment 

determination indicated on a notice of 

allowance, issue notification, or patent 

is greater than what the applicant or 

patentee believes is appropriate by 

placing these letters in the file of the 

application or patent without comment. 

The USPTO will no longer review these 

letters or issue certificates of correction 

under either 35 U.S.C. 254 or 255 on the 

basis of a review of these letters. In 

addition, the USPTO will not grant a 

request for a certificate of correction 

under either 35 U.S.C. 254 or 255 to 

revise the patent term adjustment 

indicated in a patent, except in the two 

situations discussed previously. If a 

patentee submits a request for a 

certificate of correction under either 35 

U.S.C. 254 or 255 to revise the patent 

term adjustment indicated in a patent 

that includes changes in the patent for 

which a certificate of correction would 

be appropriate, the request for a 

certificate of correction will not be 

granted unless the patentee submits a 

new request for a certificate of 

correction that does not also attempt to 

revise the patent term adjustment 

indicated in the patent. 

If the applicant or patentee wants the 

USPTO to reconsider its patent term 

adjustment determination, the applicant 

or patentee must use the procedures set 

forth in 37 CFR 1.705 for requesting 

reconsideration of a patent term 

adjustment determination, whether the 

USPTO’s patent term adjustment 

determination is greater than or less 

than the adjustment that the applicant 

or patentee believes to be appropriate. A 

patentee may also file a terminal 

disclaimer at any time disclaiming any 

period considered in excess of the 

appropriate patent term adjustment. See 

35 U.S.C. 253 and 37 CFR 1.321. 

However, the USPTO does not require 

an applicant or patentee to file either a 

request for reconsideration under 37 

CFR 1.705 or a terminal disclaimer 

when the patent term adjustment 

indicated on a notice of allowance, issue 

notification, or patent is greater than 

what the applicant or patentee believes 

is appropriate. 

The appropriate sections of the MPEP 

will be revised in accordance with this 

notice in due course. 

Dated: July 14, 2010. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2010–17667 Filed 7–19–10; 8:45 am] 

BILLING CODE 3510–16–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agricultural Advisory Committee 

Meeting 

AGENCY: Commodity Futures Trading 

Commission (‘‘CFTC’’). 

ACTION: Notice of Meeting of 

Agricultural Advisory Committee. 

SUMMARY: The CFTC’s Agricultural 

Advisory Committee will hold a public 

meeting on August 5, 2010, from 9 a.m. 

to 1 p.m., at the Commission’s 

Washington, DC headquarters. The 

agenda for the meeting includes (1) the 

ICE Futures US Cotton Contract, (2) 

wheat price convergence issues, and (3) 

price reporting issues in the cattle and 

hog markets. Members of the public may 

file written statements with the 

committee. If time permits, reasonable 

provision will be made for oral 

presentations by members of the public 

of up to five minutes. 

DATES: The meeting will be held on 

August 5, 2010 from 9 a.m. to 1 p.m.. 

Members of the public who wish to 

make oral statements should inform 

Commissioner Michael V. Dunn, who 

chairs the committee, in writing at least 

three business days before the meeting. 

ADDRESSES: The meeting will take place 

in the first floor hearing room at the 

Commission’s headquarters, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581. Written 

statements and requests to make oral 

statements should be sent to the 

attention of Agricultural Advisory 

Committee, c/o Chairman Michael V. 

Dunn, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

FOR FURTHER INFORMATION CONTACT: 

Nicole McNair at (202) 418–5070. 

SUPPLEMENTARY INFORMATION: The 

meeting will be webcast on the 

Commission’s Web site, http:// 

www.cftc.gov. Members of the public 

also can listen to the meeting by 

telephone. The public access call-in 

numbers will be announced at a later 

date. 

Authority: 5 U.S.C. app. 2 § 10(a)(2) . 

Dated: July 14, 2010. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Notices 42081 

By the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–17605 Filed 7–19–10; 8:45 a.m.] 

BILLING CODE 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 collection requirement on 

respondents can be properly assessed. 

Currently, the Corporation is 

soliciting comments concerning the 

locating of respondents for the National 

Evaluation of Youth Corps. The 

National Evaluation of Youth Corps is a 

study to determine the impact of 

participation in youth corps on 

members’ educational attainment, 

employment and earnings, workplace 

and life skills, and avoidance of risk 

behaviors. The National Evaluation of 

Youth Corps is based on the hypothesis 

that participation in youth corps may 

lead to measurable outcomes for 

participants. The study uses an 

experimental design to assess program 

impacts on program participants. Many 

of the youth corps programs receive all 

or part of their funding from the 

Corporation. 

Copies of the information collection 

requests can be obtained by contacting 

the office listed in the address section 

of this notice. 

DATES: Written comments must be 

submitted to the individual and office 

listed in the ADDRESSES section by 

September 20, 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, 

Attention: Lillian Dote, Program Officer, 

Office of Research and Policy 

Development, Curtis Center, 601 Walnut 

Street, Suite 876E, Philadelphia, PA, 

19106. 

(2) By hand delivery or by courier to 

the street address given in paragraph (1) 

above, between 9 a.m. and 4 p.m. 

Monday through Friday, except Federal 

holidays. 

(3) By fax to: (215) 597–4933, 

Attention: Lillian Dote, Program Officer, 

Office of Research and Policy 

Development. 

(4) Electronically through the 

Corporation’s e-mail address system: 

ldote@cns.gov. 

FOR FURTHER INFORMATION CONTACT: 

Lillian Dote at (215) 597–2715 or by email at ldote@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 Corporation is interested in 

learning about the effects of national 

service on participants. This study uses 

an experimental design to assess the 

outcomes associated with participation 

in national service. The proposed 

locating effort will be completed by 

sample members only, including former 

corps members and their counterparts in 

the comparison group. 

In an effort to reduce the burden on 

sample members during this locating 

effort, the Corporation is simplifying the 

information collection. A large number 

of employment, education, civic 

engagement, and risk behavior questions 

will be eliminated or simplified, thereby 

resulting in a reduction in the prior 

burden estimate. In addition, the 

Corporation has reduced the sample 

from 2,267 to 2,043. Study participants 

who did not respond to the baseline and 

18-month follow-up survey have been 

removed from the sample. 

Current Action 

The Corporation seeks renewal of its 

earlier application. 

Type of Review: Renewal. 

Agency: Corporation for National and 

Community Service. 

Title: National Evaluation of Youth 

Corps. 

OMB Number: 3045–0124. 

Agency Number: None. 

Affected Public: Individuals who have 

agreed to participate in the National 

Evaluation of Youth Corps and who 

have completed a baseline survey. 

Total Respondents: 2,043. 

Frequency: Periodically. 

Average Time per Response: Averages 

15 minutes. 

Estimated Total Burden Hours: 511 

hours. 

Total Burden Cost (capital/startup): 

None. 

Total Burden Cost (operating/ 

maintenance): None. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: July 13, 2010. 

Kevin Cramer, 

Acting Director, Office of Research and Policy 

Development. 

[FR Doc. 2010–17586 Filed 7–19–10; 8:45 am] 

BILLING CODE 6050–$$–P 

DEPARTMENT OF EDUCATION 

The Historically Black College and 

University Capital Financing Advisory 

Board 

AGENCY: Department of Education. The 

Historically Black College and 

University Capital Financing Advisory 

Board. 

ACTION: Notice of an open meeting. 

SUMMARY: This notice sets forth the 

schedule and proposed agenda of an 

upcoming open meeting of the 

Historically Black College and 

University Capital Financing Advisory 

Board (Board). The notice also describes 

the functions of the Board. Notice of this 

meeting is required by Section 10(a)(2) 

of the Federal Advisory Committee Act 

and is intended to notify the public of 

their opportunity to attend. 

DATES: Friday, July 30, 2010. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1