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[Federal Register: October 20, 2008 (Volume 73, Number 203)]
[Notices]               
[Page 62260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc08-42]                         

[[Page 62260]]

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DEPARTMENT OF COMMERCE

[Docket No. PTO-P-2008-0042]

United States Patent and Trademark Office

 
Grant of Interim Extension of the Term of U.S. Patent No. 
4,919,140; AndaraTM OFSTM System

AGENCY: United States Patent and Trademark Office.

ACTION: Notice of interim patent term extension.

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SUMMARY: The United States Patent and Trademark Office has issued a 
certificate under 35 U.S.C. 156(d)(5) for a one-year interim extension 
of the term of U.S. Patent No. 4,919,140.

FOR FURTHER INFORMATION CONTACT: Mary C. Till by telephone at (571) 
272-7755; by mail marked to her attention and addressed to the 
Commissioner for Patents, Mail Stop Patent Ext., P.O. Box 1450, 
Alexandria, VA 22313-1450; by fax marked to her attention at (571) 273-
7755, or by e-mail to Mary.Till@uspto.gov.

SUPPLEMENTARY INFORMATION: Section 156 of Title 35, United States Code, 
generally provides that the term of a patent may be extended for a 
period of up to five years if the patent claims a product, or a method 
of making or using a product, that has been subject to certain defined 
regulatory review, and that the patent may be extended for interim 
periods of up to a year if the regulatory review is anticipated to 
extend beyond the expiration date of the patent.
    On September 29, 2008, the patent owner, Purdue Research 
Foundation, timely filed an application under 35 U.S.C. 156(d)(5) for 
an interim extension of the term of U.S. Patent No. 4,919,140. The 
patent claims the medical device AndaraTM OFSTM 
System and a method of using the AndaraTM OFSTM 
System. The application indicates that a Humanitarian Device Exemption, 
HDE 070002, for the medical device AndaraTM OFSTM 
System has been filed and is currently undergoing regulatory review 
before the Food and Drug Administration for permission to market or use 
the product commercially.
    Review of the application indicates that except for permission to 
market or use the product commercially, the subject patent would be 
eligible for an extension of the patent term under 35 U.S.C. 156, and 
that the patent should be extended for one year as required by 35 
U.S.C. 156(d)(5)(B). Because it is apparent that the regulatory review 
period will continue beyond the original expiration date of the patent 
(October 14, 2008), interim extension of the patent term under 35 
U.S.C. 156(d)(5) is appropriate.
    An interim extension under 35 U.S.C. 156(d)(5) of the term of U.S. 
Patent No. 4,919,140 is granted for a period of one year from the 
original expiration date of the patent, i.e., until October 14, 2009.

    Dated: October 14, 2008.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
 [FR Doc. E8-24881 Filed 10-17-08; 8:45 am]

BILLING CODE 3510-62-P

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