University of Maine System, et al.; Notice of Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes, 36358 [2010-15498]
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36358
Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Notices
may include: (1) Its review of the
procedural SNQ issue in a separate
section, and (2) its review of the merits
of the rejections. See, e.g., In re Searles,
422 F.2d 431, 434–35 (C.C.P.A. 1970)
(holding certain procedural matters that
are ‘‘determinative of the rejection’’ are
properly appealable to the Board); see
also In re Hengehold, 440 F.2d 1395,
1404 (C.C.P.A. 1971) (‘‘[T]he kind of
adverse decisions of examiners which
are reviewable by the board must be
those which relate, at least indirectly, to
matters involving the rejection of the
claims.’’); cf. 37 CFR 41.121 (providing
both ‘‘substantive’’ motions and
‘‘miscellaneous’’—i.e., procedural—
motions, which may be decided together
in a single decision).
The patent owner may file a single
request for rehearing under 37 CFR
41.52 for both the decision on the SNQ
issue and the merits decision on the
examiner’s rejections, resulting in a
single final decision for purposes of
judicial review. Judicial review of the
BPAI’s final decision issued pursuant to
35 U.S.C. 134, which will incorporate
the decision on the finding of a SNQ, is
directly to the United States Court of
Appeals for the Federal Circuit under 35
U.S.C. 141. See In re Hiniker Co., 150
F.3d 1362, 1367 (Fed. Cir. 1998) (‘‘With
direct review by this court of the
Board’s reexamination decisions, a
patentee can be certain that it cannot be
subjected to harassing duplicative
examination.’’); see also Heinl, 143 F.
Supp. 2d at 597–98.
Although this is an important issue,
an appeal containing a request for
reconsideration of the examiner’s SNQ
determination is not widespread. There
were three ex parte reexamination
appeals docketed in Fiscal Year 2008,
only one in Fiscal Year 2009 and one so
far this year.
The procedure set forth in this notice
does not apply to inter partes
reexamination proceedings. A
determination by the USPTO in an inter
partes reexamination either that no SNQ
has been raised or that a reference raises
a SNQ is final and non-appealable. See
35 U.S.C. 312(c).
Appropriate sections of the MPEP will
be revised in accordance with this
notice in due course.
Dated: June 18, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2010–15468 Filed 6–24–10; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
University of Maine System, et al.;
Notice of Consolidated Decision on
Applications for Duty-Free Entry of
Electron Microscopes
This is a decision consolidated
pursuant to Section 6(c) of the
Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301).
Related records can be viewed between
8:30 a.m. and 5 p.m. in Room 3720, U.S.
Department of Commerce, 14th and
Constitution Avenue., NW.,
Washington, DC.
Docket Number: 10–010.
Applicant: University of Maine
System, St. Bangor, ME 04401.
Instrument: Live Color
Cathodoluminescence detector
accessory for Scanning Electron
Microscope.
Manufacturer: Gatan, UK.
Intended Use: See notice at 75 FR
29974, May 28, 2010.
Docket Number: 10–011.
Applicant: Washington University in
St. Louis, St. Louis, MO.
Instrument: Electron Microscope.
Manufacturer: Japanese Electron–
Optics, Limited (JEOL), Japan.
Intended Use: See notice at 75 FR
29974, May 28, 2010.
Docket Number: 10–012.
Applicant: California Institute of
Technology, Pasadena, CA 91125.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic.
Intended Use: See notice at 75 FR
29974, May 28, 2010.
Docket Number: 10–013.
Applicant: Howard Hughes Medical
Institute, Chevy Chase, MD 20815.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic.
Intended Use: See notice at 75 FR
29974, May 28, 2010.
Docket Number: 10–014.
Applicant: Howard Hughes Medical
Institute, Chevy Chase, MD 20815.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic.
Intended Use: See notice at 75 FR
29974, May 28, 2010.
Docket Number: 10–016.
Applicant: United States Geological
Survey, Denver, CO 80225.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic.
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Intended Use: See notice at 75 FR
29974, May 28, 2010.
Docket Number: 10–017.
Applicant: University of
Massachusetts Medical School,
Worcester, MA 01655.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic.
Intended Use: See notice at 75 FR
29974.
Docket Number: 10–018.
Applicant: Texas Tech University,
Lubbock, TX 79409–1021.
Instrument: Electron Microscope.
Manufacturer: Japanese Electron–
Optics, Limited, (JEOL), Japan.
Intended Use: See notice at 75 FR
29974, May 28, 2010.
Docket Number: 10–020.
Applicant: Howard Hughes Medical
Institute, Chevy Chase, MD 20815.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech
Republic.
Intended Use: See notice at 75 FR
29974, May 28, 2010.
Comments: None received.
Decision: Approved. No instrument of
equivalent scientific value to the foreign
instrument, for such purposes as these
instruments are intended to be used,
was being manufactured in the United
States at the time the instruments were
ordered.
Reasons: Each foreign instrument is
an electron microscope or accessory
thereto and is intended for research or
scientific educational uses requiring an
electron microscope. We know of no
electron microscope or accessories
thereto which were being manufactured
in the United States at the time of order
of each instrument.
Dated: June 21, 2010.
Christopher Cassel,
Director, Subsidies Enforcement Office,
Import Administration.
[FR Doc. 2010–15498 Filed 6–24–10; 8:45 am]
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International Trade Administration
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SUMMARY: In December 2009, the
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[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Notices]
[Page 36358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15498]
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DEPARTMENT OF COMMERCE
International Trade Administration
University of Maine System, et al.; Notice of Consolidated
Decision on Applications for Duty-Free Entry of Electron Microscopes
This is a decision consolidated pursuant to Section 6(c) of the
Educational, Scientific, and Cultural Materials Importation Act of 1966
(Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed between 8:30 a.m. and 5 p.m.
in Room 3720, U.S. Department of Commerce, 14th and Constitution
Avenue., NW., Washington, DC.
Docket Number: 10-010.
Applicant: University of Maine System, St. Bangor, ME 04401.
Instrument: Live Color Cathodoluminescence detector accessory for
Scanning Electron Microscope.
Manufacturer: Gatan, UK.
Intended Use: See notice at 75 FR 29974, May 28, 2010.
Docket Number: 10-011.
Applicant: Washington University in St. Louis, St. Louis, MO.
Instrument: Electron Microscope.
Manufacturer: Japanese Electron-Optics, Limited (JEOL), Japan.
Intended Use: See notice at 75 FR 29974, May 28, 2010.
Docket Number: 10-012.
Applicant: California Institute of Technology, Pasadena, CA 91125.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech Republic.
Intended Use: See notice at 75 FR 29974, May 28, 2010.
Docket Number: 10-013.
Applicant: Howard Hughes Medical Institute, Chevy Chase, MD 20815.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech Republic.
Intended Use: See notice at 75 FR 29974, May 28, 2010.
Docket Number: 10-014.
Applicant: Howard Hughes Medical Institute, Chevy Chase, MD 20815.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech Republic.
Intended Use: See notice at 75 FR 29974, May 28, 2010.
Docket Number: 10-016.
Applicant: United States Geological Survey, Denver, CO 80225.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech Republic.
Intended Use: See notice at 75 FR 29974, May 28, 2010.
Docket Number: 10-017.
Applicant: University of Massachusetts Medical School, Worcester,
MA 01655.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech Republic.
Intended Use: See notice at 75 FR 29974.
Docket Number: 10-018.
Applicant: Texas Tech University, Lubbock, TX 79409-1021.
Instrument: Electron Microscope.
Manufacturer: Japanese Electron-Optics, Limited, (JEOL), Japan.
Intended Use: See notice at 75 FR 29974, May 28, 2010.
Docket Number: 10-020.
Applicant: Howard Hughes Medical Institute, Chevy Chase, MD 20815.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Czech Republic.
Intended Use: See notice at 75 FR 29974, May 28, 2010.
Comments: None received.
Decision: Approved. No instrument of equivalent scientific value to
the foreign instrument, for such purposes as these instruments are
intended to be used, was being manufactured in the United States at the
time the instruments were ordered.
Reasons: Each foreign instrument is an electron microscope or
accessory thereto and is intended for research or scientific
educational uses requiring an electron microscope. We know of no
electron microscope or accessories thereto which were being
manufactured in the United States at the time of order of each
instrument.
Dated: June 21, 2010.
Christopher Cassel,
Director, Subsidies Enforcement Office, Import Administration.
[FR Doc. 2010-15498 Filed 6-24-10; 8:45 am]
BILLING CODE 3510-DS-P
