Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar®, 3112-3113 [E7-1008]
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Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices
The scope of the 2007 draft document
is solely fisheries research to support
the Magnuson-Stevens Act. It does not
include the regulatory and enforcement
components of NMFS’ mission. NMFS
currently conducts a comprehensive
program of fisheries research and
involves industry and others interested
in planning and implementing its
fisheries objectives.
NMFS intends that the final version of
the Strategic Plan for Fisheries Research
will take advantage of information and
recommendations from all interested
parties. Therefore, comments and
suggestions on this draft NMFS Strategic
Plan for Fisheries Research are hereby
solicited from the public, other
concerned government agencies, the
scientific community, industry, and any
other interested parties.
Dated: January 18, 2007.
Steven A. Murawski,
Director of Scientific Programs and Chief
Science Advisor, National Marine Fisheries
Service.
[FR Doc. E7–1017 Filed 1–23–07; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 011107G]
Endangered Species; File No. 1596
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
NMFS Southwest Fisheries Science
Center, 8604 La Jolla Shores Drive, La
Jolla, CA 92037–1508 has been issued a
permit to take leatherback (Dermochelys
coriacea) sea turtles for purposes of
scientific research.
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 713–2289; fax (301) 427–2521;
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562) 980–4001;
fax (562) 980–4018.
FOR FURTHER INFORMATION CONTACT:
Patrick Opay or Amy Hapeman, (301)
713–2289.
SUPPLEMENTARY INFORMATION: On
October 20, 2006, notice was published
VerDate Aug<31>2005
17:44 Jan 23, 2007
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in the Federal Register (71 FR 61960)
that a request for a scientific research
permit to take leatherback sea turtles
had been submitted by the above-named
organization. The requested permit has
been issued under the authority of the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.)
and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
The researchers will continue longterm monitoring of the status of
leatherback sea turtles off the coasts of
California, Oregon, and Washington to
determine their abundance, distribution,
size ranges, sex ratio, health status,
diving behavior, local movements,
habitat use, and migration routes. Up to
38 animals will be captured using a
breakaway hoop net and be measured,
weighed, blood and tissue sampled,
photographed, and flipper and passive
integrated transponder (PIT) tagged. A
subset of animals are to have
biotelemetry devices (e.g., transmitters)
attached to them. An additional 40
animals will be approached (but not
captured) and have a VHF/TDR/sonic
tag unit attached to them by suction cup
using a long pole or these animals
would be tissue sampled with a biopsy
pole. The primary goal is to address
priorities outlined in the U.S. Pacific
leatherback Recovery Plan and identify
critical forage habitats, genetic stock
structure, migratory corridors, and
potential fishery impacts on this species
in the Pacific. This information is
necessary to make informed
management decisions concerning these
turtles and their habitat. The permit is
issued for 5 years.
Issuance of this permit, as required by
the ESA, was based on a finding that
such permit (1) was applied for in good
faith, (2) will not operate to the
disadvantage of any endangered or
threatened species, and (3) is consistent
with the purposes and policies set forth
in section 2 of the ESA.
Dated: January 18, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7–1014 Filed 1–23–07; 8:45 am]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2006–0050]
Grant of Interim Extension of the Term
of U.S. Patent No. 4,650,787; Sanvar
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of Interim Patent Term
Extension.
AGENCY:
SUMMARY: The United States Patent and
Trademark Office has issued a
certificate under 35 U.S.C. 156(d)(5) for
a second one-year interim extension of
the term of U.S. Patent No. 4,650,787.
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 Hatch-Waxman PTE.,
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.
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 March 23, 2006, Debiovision Inc.,
the exclusive agent of Debiopharm S.A.
and Debio Recherche Pharmaceutique
S.A., who is the exclusive licensee of
the Administrators of the Tulane
Educational Fund of New Orleans,
Louisiana, the patent owner, timely
filed an application under 35 U.S.C.
156(d)(5) for a second interim extension
of the term of U.S. Patent No. 4,650,787.
The patent claims the human drug
product Sanvar (vapreotide acetate).
The application indicates that a New
Drug Application for the human drug
product Sanvar (vapreotide acetate)
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
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices
apparent that the regulatory review
period has and will continue beyond the
extended expiration date of the patent
(April 25, 2006), a second interim
extension of the patent term under 35
U.S.C. 156(d)(5) is appropriate.
A second interim extension under 35
U.S.C. 156(d)(5) of the term of U.S.
Patent No. 4,650,787 is granted for a
period of one year from the extended
expiration date of the patent, i.e., until
April 25, 2007.
Dated: January 18, 2007.
Todd A. Stevenson,
Secretary.
United States of America Consumer
Product Safety Commission
[CPSC Docket No. 07–C0003]
In the Matter of Hoover Company, Inc.
a Corporation; Settlement Agreement
and Order
CONSUMER PRODUCT SAFETY
COMMISSION
1. This Settlement Agreement is made
by and between the staff (the ‘‘staff’’) of
the U.S. Consumer Product Safety
Commission (the ‘‘Commission’’) and
Hoover Company, Inc. (‘‘Hoover’’), a
corporation, in accordance with 16 CFR
1118.20 of the Commission’s Procedures
for Investigations, Inspections and
Inquiries under the Consumer Product
Safety Act (‘‘CPSA’’). This Settlement
Agreement and the incorporated
attached Order resolve the staff’s
allegations set forth below.
[CPSC Docket No. 07–C0003]
The Parties
Dated: January 17, 2007.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. E7–1008 Filed 1–23–07; 8:45 am]
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Hoover Company, Inc., a Corporation,
Provisional Acceptance of a
Settlement Agreement and Order
Consumer Product Safety
Commission.
ACTION: Notice.
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AGENCY:
SUMMARY: It is the policy of the
Commission to publish settlements
which it provisionally accepts under the
Consumer Product Safety Act in the
Federal Register in accordance with the
terms of 16 CFR 1118.20(e). Published
below is a provisionally-accepted
Settlement Agreement with Hoover
Company, Inc., a corporation,
containing a civil penalty of $750,000.
DATES: Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by February
8, 2007.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 07–C0003, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, Maryland 20814–4408.
FOR FURTHER INFORMATION CONTACT:
Michelle F. Gillice, Trial Attorney,
Office of Compliance and Field
Operations, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, Maryland 20814–4408;
telephone (301) 504–7667.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
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17:44 Jan 23, 2007
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2. The Commission is an independent
federal regulatory agency responsible for
the enforcement of the CPSA, 15 U.S.C.
2051–2084.
3. Hoover is a corporation organized
and existing under the laws of the State
of Delaware, with its principal corporate
office located in North Canton, Ohio. At
all times relevant herein, Hoover
designed and manufactured vacuum
cleaners subject to the Settlement
Agreement and Order.
Staff Allegations
4. Between may 1998 and November
1999, Hoover manufactured
approximately 636,000 Self-Propelled
Wind Tunnel Upright vacuum cleaners
under the following model numbers:
U6423–900; U6445–900; U6425–900;
U6445–960; U6451–900; U6425–950;
U6449–900; and U6455–900,
(hereinafter ‘‘vacuum cleaners’’).
5. The vacuum cleaners are
‘‘consumer product(s)’’ and, at the times
relevant herein, Hoover was a
‘‘manufacturer’’ of ‘‘consumer
product(s)’’ which were ‘‘distributed in
commerce’’ as those terms are defined
in 3(a)(1), (4), (11), and (12) of the
CPSA, 15 U.S.C. 2052(a)(1), (4), (11) and
(12).
6. The vacuum cleaners are defective
because of a poor crimp connection at
the wire termination which could cause
overheating, melting and ultimately, fire
in the switch/handle area. The vacuum
cleaners could catch fire while in use
and switched to the ‘‘ON’’ position and
while switched to ‘‘Off’’ if plugged in to
an outlet.
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3113
7. On or about April 14, 1999, Hoover
first learned of a vacuum cleaner switch
overheating and melting.
8. Between October and November
1999, after receiving notice of at least
four incidents, Hoover made several
design changes to eliminate overheating
in the switch area. Hoover also directed
that all vacuum cleaners in inventory
and any brought in by customers for
repair for any reason be reworked in
order to eliminate the switch
overheating problem.
9. On February 26, 2001, Hoover’s
Safety Committee met and reviewed the
vacuum cleaner incidents. At this time,
Hoover had received notice of at least 46
incidents with the vacuum cleaners, 23
of which were allegations that the
switch/handle area caught on fire. At
least two reports indicated that the
vacuum cleaner ignited while switched
to the ‘‘OFF’’ position and consumers
believed the vacuum cleaners to be off.
The Safety Committee, however,
decided that no report should be made
to the Commission.
10. On June 11, 2002, the Safety
Committee met again to review 80 new
incidents involving the switch defect.
By this time, Hoover had received
notice of at least 127 incidents. In 73 of
these incidents, consumers reported that
the vacuum cleaners caught on fire.
11. On or about September 24, 2002,
Hoover hired an outside consulting firm
to examine and test the vacuum cleaners
to determine the cause of the switch
failures.
12. On March 12, 2003, the consulting
firm issued a report confirming that a
poor crimp connection caused the
switch to melt and malfunction. By this
time, Hoover had received notice of 171
incidents pertaining to switch
overheating and/or melting. In 96 of
these incidents, consumers reported that
their vacuum cleaners caught on fire.
13. On June 7, 2004, after receiving
notice of several vacuum cleaner
incidents, Commission staff sent Hoover
a letter requesting submission of a full
report pursuant to section 15(b) of the
CPSA.
14. On July 9, 2004, Hoover submitted
a report in response to the staff’s
request. At this time of its report,
Hoover had received notice of at least
260 consumer incidents, of which 141
involved reports of fire. Other than one
report of minor burns to hands, there
were no report consumer injuries.
15. Although Hoover had obtained
sufficient information which could
reasonably support the conclusion that
the vacuum cleaners contained a defect
which could create a substantial
product hazard, or created an
unreasonable risk of serious injury or
E:\FR\FM\24JAN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 15 (Wednesday, January 24, 2007)]
[Notices]
[Pages 3112-3113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1008]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2006-0050]
Grant of Interim Extension of the Term of U.S. Patent No.
4,650,787; Sanvar[supreg]
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of Interim Patent Term Extension.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office has issued a
certificate under 35 U.S.C. 156(d)(5) for a second one-year interim
extension of the term of U.S. Patent No. 4,650,787.
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 Hatch-Waxman PTE., 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 March 23, 2006, Debiovision Inc., the exclusive agent of
Debiopharm S.A. and Debio Recherche Pharmaceutique S.A., who is the
exclusive licensee of the Administrators of the Tulane Educational Fund
of New Orleans, Louisiana, the patent owner, timely filed an
application under 35 U.S.C. 156(d)(5) for a second interim extension of
the term of U.S. Patent No. 4,650,787. The patent claims the human drug
product Sanvar[supreg] (vapreotide acetate). The application indicates
that a New Drug Application for the human drug product Sanvar[supreg]
(vapreotide acetate) 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
[[Page 3113]]
apparent that the regulatory review period has and will continue beyond
the extended expiration date of the patent (April 25, 2006), a second
interim extension of the patent term under 35 U.S.C. 156(d)(5) is
appropriate.
A second interim extension under 35 U.S.C. 156(d)(5) of the term of
U.S. Patent No. 4,650,787 is granted for a period of one year from the
extended expiration date of the patent, i.e., until April 25, 2007.
Dated: January 17, 2007.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. E7-1008 Filed 1-23-07; 8:45 am]
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