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1490 MANUAL OF PATENT EXAMINING PROCEDURE (I) filing in the application or patent evidence of a chain of title from the original owner to the assignee, or (2) specifying in the record of the application or patent where such evidence is recorded in the Office (e.g., reel and frame number, etc.). The submission with respectto 37 CPR 3.73(b) to establish ownership must be signed by a party authorized to act on behalf of the assignee. See also MPEP § 324 as to compliance with 37 CFR 3.73(b). A copy of the "Statement Under 37 CPR 3.73 (b)," which is reproduced in MPEP § 324, may be sent by the examiner to applicant to provide an acceptable wayto comply with the requirements of 37 CPR 3.73 (b). (D) Where the attomey or agent of record signs the disclaimer, there is no need to comply with 37 CFR 3.73(b). (E) The signature on the disclaimer need not be all original signature. Pursuant to 37 CPR 1.4(d)(2), the submitted disclaimer can be a copy, such as a photocopy or facsimile transmission of an original disclaimer. STATUTORY DISCLAIMERS Under 37 CPR 1.32l(a) the owner of a patent may disclaim a complete claim or claims of his or her patent. This may result from a lawsuit or because he or she has reason to believe that the claim or claims are too broad or otherwise invalid. If the patent is involved in an interference, see 37 CPR 1.662(c). TERMINAL DISCLAIMERS 37 CFR 1.32l(a) also provides for the filing by an applicant or patentee of a terminal disclaimer which disclaims or dedicates to the public the entire term or any portion of the term of a patent or patent to be granted. 37 CPR 1.32l(c) specifically provides for the filing of a terminal disclaimer in an application or a reexamination proceeding for the purpose of overcoming a judicially created double patenting rejection. See MPEP § 804.02. PROCESSING The Certificate of Correction Branch is responsible for the handling of all statutory disclaimers filed under the first paragraph of 35 U.S.c. 253, whether August 2001 1400-76 the case is pending or patented, and all terminal disclaimers (filed under the second paragraph of 35 U.S.C. 253) except for those filed in an application pending iri a Technology Center (TC). This involves: . (A) Determining compliance with 35 U.S.C. 253 and 37 CFR 1.321 and 3.73; (B) Notifying applicant or patentee when the disclaimer is informal and thus not acceptable; (C) Recording the disclaimers; and (D) Providing the disclaimer data for printing. TERMINAL DISCLAIMER IN PENDING AP· PLICATION PRACTICE Where a terminal disclaimer is filed in an application pending in a TC, it will be processed by the paralegal of the Office of the Special Program Examiner of the TC having responsibility for the application. The paralegal will: (A) Determine compliance with 35 U.S.C. 253 and 37CPR 1.321 and 3.73, and ensure that the appropriate terminal disclaimer fee set forth in 37 CFR 1.20(d) was applied by the legal instruments examiner; (B) Notify the examiner having charge of the application whether the terminal disclaimer is acceptable or not; (C) Where the terminal disclaimer is not acceptable, indicate the nature of the informalities so that the examiner can inform applicant in the next Office action; (D) Where the terminal disclaimer is acceptable, record the terminal disclaimer; and (E) Where the terminal disclaimer is acceptable, provide the appropriate terminal disclaimer data for printing. The paralegal will identify a terminal disclaimer as being present in an application by: For applications with 081 and earlier series code (A) Attaching a green label to the file wrapper; (B) Stamping a notice on the file of the term which has been disclaimed; (C) Endorsing the paper containing the terminal disclaimer submission on the "Contents" flap of the application file; and (D) Entering the terminal disclaimer into the PALM system records, for the application.
For applications with 09/ and later series code (A) Checking a box on the file wrapper which states that the terminal disclaimer has been filed; (B) Endorsing the paper containing the terminal disclaimer submission on the "Contents" flap of the application file; and (C) Entering the terminal disclaimer into the PALM system records, for the application. The paralegal completes a Terminal Disclaimer Informal Memo to notifythe examiner ofthe nature COR.RECTION OF PATENTS 1490 of any informalities in the terminal disclaimer. The examiner should notify the applicant of the informalities in the next Office action, or by interview with applicant if such will expedite. prosecution of the application. Further, theexaminer should initial and date the Terminal Disclaimer Informal Memo and return itto the paralegal to indicate that the examiner has appropriately notified applicant about the terminal disclaimer.The paralegal will then discard the Terminal DisclaimerInformal Memo. 1400·77 August2001
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application. Instead, a subsequentl
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372 F.2d 593, 152 USPQ 593 (CCPA 19
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(i} Arrangement of views. One view
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Form Paragraph 16.12 may be used to
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actions have been counted during th
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which patent protection is desired.
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ary designations are designed parti
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(vij indicate explicitly, when it i
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PCTRule 33. Relevant Prior Art for
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NO SEARCH REQUIRED IF CLAIMS· ARE
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PATENT COOPERATION TREATY INTERNATI
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The fact that the alternatives of a
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sequences will be examined with cla
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Bulgaria Opisanie na patent za pole
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(3) been published under Article 21
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to pay the fees. If the preliminary
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search report are to be indicated a
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izations to charge fees under 37 CP
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(A) the international filing date i
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2001.06 Sources of Information All
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individuals may satisfy their duty
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2172 Subject Matter Which Applicant
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Chakrabarty, the Board of Patent Ap
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eflecting Congressional intent, is
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empt" the law of nature. A patent c
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aliased pixel illumination intensit
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evidence can be provided that shows
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no express basis in the claim." The
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