Grant of interim extension of the term of U.S. Patent No. 5,135,759; MicroSort® Sperm Separation Technology, 38585 [E9-18574]
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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices
Initiation of Countervailing Duty
Investigation, 74 FR 29670 (June 23,
2009). In that notice, the effective date
was listed as June 16, 2009. The
effective date should have read June 23,
2009, which was the date of publication
of the notice of initiation.
Dated: July 21, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E9–18594 Filed 8–3–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XP72
Endangered Species; File No. 1596–02
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit
modification.
SUMMARY: Notice is hereby given that
National Marine Fisheries Service
Southwest Fisheries Science Center has
been issued a modification to scientific
research Permit No. 1596–01.
ADDRESSES: The modification and
related documents are available for
review upon written request or by
appointment in the following offices:
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 (301)713–2289.
SUPPLEMENTARY INFORMATION: On May
13, 2009, notice was published in the
Federal Register (74 FR 22517) that a
modification of Permit No. 1596–01 had
been requested by the above-named
organization. The requested
modification has been granted 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 222–226).
The permit modification authorizes
researchers to annually fat biopsy and
ultrasound up to 38 leatherback sea
turtles as part of a health and nutritional
assessment of this species. It also
VerDate Nov<24>2008
17:11 Aug 03, 2009
Jkt 217001
provides authority to close approach
and attach VHR/TDR/sonic tag/GPS/
video camera units by suction cup on
up to 20 leatherback sea turtles
annually, and to later capture the same
animals to remove the unit and then
sample, tag, and attach another VHR/
TDR/sonic tag/GPS/video camera unit to
the animals before release. Additionally,
the permit modification authorizes
researchers to annually attach a VHR/
TDR/sonic tag/GPS unit and tissue
sample 20 leatherback sea turtles using
a biopsy pole. The permit currently
authorizes researchers to attach the unit
or tissue sample 20 animals, not both.
The number of leatherback sea turtles
captured does not increase under the
modification, but the mix of activities
conducted on each animal does. The
research may continue to occur in
waters off the coast of the western
United States through February 1, 2012.
Issuance of this modification, 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 such endangered or
threatened species, and (3) is consistent
with the purposes and policies set forth
in section 2 of the ESA.
Dated: July 29, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–18585 Filed 8–3–09; 8:45 am]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
[Docket No. PTO–P–2009–0028]
Grant of interim extension of the term
of U.S. Patent No. 5,135,759;
MicroSort® Sperm Separation
Technology
AGENCY: United States Patent and
Trademark Office.
ACTION: Notice of Interim Patent Term
Extension.
SUMMARY: The United States Patent and
Trademark Office has issued an order
granting interim extension under 35
U.S.C. 156(d)(5) for a one-year interim
extension of the term of U.S. Patent No.
5,135,759.
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–
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
38585
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 June 8, 2009, the patent owner, the
United States of America, as represented
by the Secretary of Agriculture, timely
filed an application under 35 U.S.C.
156(d)(5) for an interim extension of the
term of U.S. Patent No. 5,135,759. The
patent claims the use of the medical
device, MicroSort® Sperm Separation
Technology. The application indicates,
and the Food and Drug Administration
has confirmed, that a Premarket
Approval application (P090004) for the
medical device, MicroSort® Sperm
Separation Technology, has been filed
by the licensee of the patent owner,
Genetics & IVF Institute, 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 an additional 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 (August 4, 2009), an 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.
5,135,759 is granted for a period of one
year from the original expiration date of
the patent, i.e., until August 4, 2010.
SUPPLEMENTARY INFORMATION:
Dated: July 28, 2009.
John J. Doll,
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of
the United States Patent and Trademark
Office.
[FR Doc. E9–18574 Filed 8–3–09; 8:45 am]
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]]>Agencies
[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Notices]
[Page 38585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18574]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2009-0028]
Grant of interim extension of the term of U.S. Patent No.
5,135,759; MicroSort[supreg] Sperm Separation Technology
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 an
order granting interim extension under 35 U.S.C. 156(d)(5) for a one-
year interim extension of the term of U.S. Patent No. 5,135,759.
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 June 8, 2009, the patent owner, the United States of America, as
represented by the Secretary of Agriculture, timely filed an
application under 35 U.S.C. 156(d)(5) for an interim extension of the
term of U.S. Patent No. 5,135,759. The patent claims the use of the
medical device, MicroSort[reg] Sperm Separation Technology. The
application indicates, and the Food and Drug Administration has
confirmed, that a Premarket Approval application (P090004) for the
medical device, MicroSort[reg] Sperm Separation Technology, has been
filed by the licensee of the patent owner, Genetics & IVF Institute,
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 an additional 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 (August 4, 2009), an 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. 5,135,759 is granted for a period of one year from the
original expiration date of the patent, i.e., until August 4, 2010.
Dated: July 28, 2009.
John J. Doll,
Acting Under Secretary of Commerce for Intellectual Property and Acting
Director of the United States Patent and Trademark Office.
[FR Doc. E9-18574 Filed 8-3-09; 8:45 am]
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