46000 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Notices 

Revision of the Code of Federal 

Regulations. 

The provisions 37 CFR 1.105(a)(1)(ix), 

1.114(f), (g), and (h), 1.117, 1.142(c), 

1.265, and 1.704(c)(11) as added by the 

Claims and Continuations Final Rule are 

not in effect as of August 7, 2008. 

The USPTO anticipates that it will be 

some time before the litigation 

concerning the Claims and 

Continuations Final Rule is finally 

resolved. The USPTO is concerned that 

some applicants may be taking 

preparatory action anticipating the new 

requirements of 37 CFR 1.78(f)(1) and 

(2), as added by the Claims and 

Continuations Final Rule, due to the 

possibility that the injunction by the 

district court in Tafas will be removed. 

The purpose of this notice is to aid 

applicants who might otherwise feel the 

need to take such preparatory actions by 

identifying the applicability date of the 

provisions of 37 CFR 1.78(f) in the event 

that the injunction by the district court 

in Tafas is removed. Specifically, the 

changes in 37 CFR 1.78(f)(1) and (f)(2) 

will only apply to applications filed on 

or after any new effective date that 

would be published by the USPTO after 

the removal of the injunction. Thus, in 

the event the referenced injunction is 

lifted, applicants will only need to 

comply with the identification 

requirements of 37 CFR 1.78(f)(1) in 

applications having an actual filing date 

on or after this new effective date. 

Likewise applicants will only have to 

identify other commonly owned 

applications that satisfy the conditions 

set forth in 37 CFR 1.78(f)(1)(i) in 

applications that have a filing date on or 

after this new effective date. Similarly, 

the rebuttable presumption of 37 CFR 

1.78(f)(2) will only apply to applications 

having an actual filing date on or after 

the effective date. Furthermore, the 

rebuttable presumption will only exist 

with respect to an application that 

satisfies the conditions set forth in 37 

CFR 1.78(f)(2)(i) and also has a filing 

date on or after this new effective date. 

Dated: August 1, 2008. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. E8–18224 Filed 8–6–08; 8:45 am] 

BILLING CODE 3510–16–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, August 

22, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18323 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday August 

8, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC., 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Surveillance Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18329 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday August 

15, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18333 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 2 p.m., Wednesday 

August 20, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Enforcement Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18335 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday August 

29, 2008. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Staff Assistant. 

[FR Doc. E8–18347 Filed 8–5–08; 4:15 pm] 

BILLING CODE 6351–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2506–144–MI] 

Upper Peninsula Power Company; 

Notice of Availability of Environmental 

Assessment 

July 30, 2008. 

In accordance with the National 

Environmental Policy Act of 1969 and 

the Federal Energy Regulatory 

Commission’s regulations, 18 CFR part 

380 (Order No. 486, 52 FR 47879), the 

Office of Energy Projects has reviewed 

Upper Peninsula Power Company’s 

proposed shoreline management plan 

for the Escanaba Hydroelectric Project, 

located on the Middle Branch of the 

Escanaba River in Marquette County, 

Michigan, and has prepared an 

Environmental Assessment (EA). 

A copy of the EA is on file with the 

Commission and is available for public 

inspection. The EA may also be viewed 

on the Commission’s Web site at 

http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number (P–2506) excluding the last 

three digits in the docket number field 

to access the document. For assistance, 

contact FERC Online Support at 


sroberts on PROD1PC70 with NOTICES