Grant of Interim Extension of the Term of U.S. Patent No. 4,919,140; AndaraTM, 53217 [E9-24917]

Download as PDF Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its proposed export conduct. L. Taylor Manufacturing Company, Poughkeepsie, NY. Request for Public Comments Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021–X, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the Certificate. Comments should refer to this application as ‘‘Export Trade Certificate of Review, application number 88–11A16.’’ The Wood Machinery Manufacturers of America’s (‘‘WMMA’’) original Certificate was issued on February 3, 1989 (54 FR 6312, February 9, 1989), and last amended on July 9, 2008 (73 FR 41032, July 17, 2008). A summary of the current application for an amendment follows. Summary of the Application: Applicant: Wood Machinery Manufacturers of America (‘‘WMMA’’), 100 North 20th Street, 4th Floor, Philadelphia, PA 19103–1443. Contact: Harold Zassenhaus, Export Consultant, Telephone: (301) 652–0693. Application No.: 88–11A16. Date Deemed Submitted: September 25, 2009. Proposed Amendment: WMMA seeks to amend its Certificate to: 1. Add the following company as a new ‘‘Member’’ of the Certificate within the meaning of section 325.2(l) of the Regulations (15 CFR 325.2(l)): Saw Trax Mfg., Inc., Kennesaw, GA, and 2. Delete the following company as a Member of WMMA’s Certificate: James DEPARTMENT OF COMMERCE VerDate Nov<24>2008 16:37 Oct 15, 2009 Jkt 220001 Dated: October 1, 2009. Jeffrey C. Anspacher, Acting Director, Office of Competition and Economic Analysis. [FR Doc. E9–24867 Filed 10–15–09; 8:45 am] BILLING CODE 3510–DR–P Patent and Trademark Office [Docket No. PTO–P–2009–0044] 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, Commerce. ACTION: Notice of interim patent term extension. SUMMARY: The United States Patent and Trademark Office has issued a second certificate under 35 U.S.C. 156(d)(5) for a second one-year interim extension of the term of U.S. Patent No. 4,919,140. 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 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 one year if the regulatory review is anticipated to extend beyond the expiration date of the patent. On September 11, 2009, the patent owner, Purdue Research Foundation, 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. 4,919,140. 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 53217 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 extended expiration date of the patent (October 14, 2009), 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. 4,919,140 is granted for a period of one year from the extended expiration date of the patent, i.e., until October 14, 2010. Dated: October 9, 2009. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E9–24917 Filed 10–15–09; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XS42 South Atlantic Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of Scoping Meetings. SUMMARY: The South Atlantic Fishery Management Council (Council) will hold a series of public hearings regarding Amendments 17A, 17B and 18 to the Snapper Grouper Fishery Management Plan (FMP) for the South Atlantic. See SUPPLEMENTARY INFORMATION. DATES: The series of 7 public hearings will be held November 2, 2009 through November 16, 2009. With the exception of the hearing held in Virginia, all hearings will be open from 3 p.m. until 7 p.m.. The public hearing scheduled for November 16, 2009, in Newport News, VA, will be held at 6 p.m.. Members of the public will have an opportunity to go on record at any time during the meeting hours to record their comments on the public hearing topics for Council consideration. Written comments will be received in the South Atlantic Council’s office (see E:\FR\FM\16OCN1.SGM 16OCN1

Agencies

[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Notices]
[Page 53217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24917]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2009-0044]


Grant of Interim Extension of the Term of U.S. Patent No. 
4,919,140; Andara\TM\ OFS\TM\ System

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of interim patent term extension.

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

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 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 one year if the regulatory review is anticipated to 
extend beyond the expiration date of the patent.
    On September 11, 2009, the patent owner, Purdue Research 
Foundation, 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. 4,919,140. The 
patent claims the medical device Andara\TM\ OFS\TM\ System and a method 
of using the Andara\TM\ OFS\TM\ System. The application indicates that 
a Humanitarian Device Exemption, HDE 070002, for the medical device 
Andara\TM\ OFS\TM\ 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 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 extended expiration 
date of the patent (October 14, 2009), 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. 4,919,140 is granted for a period of one year from the 
extended expiration date of the patent, i.e., until October 14, 2010.

    Dated: October 9, 2009.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. E9-24917 Filed 10-15-09; 8:45 am]
BILLING CODE 3510-16-P