Grant of Interim Extension of the Term of U.S. Patent No. 5,407,914; SURFAXIN® (Lucinactant), 68166-68167 [2011-28499]

Download as PDF 68166 Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices Regardless of fishing region or species, each sector must be adequately represented, and the intent is to have a group that, as a whole, reflects an appropriate and equitable balance and mix of interests given the responsibilities of the HMS AP. Criteria for membership include one or more of the following: (1) Experience in the HMS recreational fishing industry; (2) experience in the HMS commercial fishing industry; (3) experience in fishery-related industries (e.g., marinas, bait and tackle shops); (4) experience in the scientific community working with HMS; and/or (5) representation of a private, non-governmental, regional, national, or international organization representing marine fisheries; or environmental, governmental, or academic interests dealing with HMS. Five additional members on the HMS AP include one member representing each of the following Councils: New England Fishery Management Council, the Mid-Atlantic Fishery Management Council, the South Atlantic Fishery Management Council, the Gulf of Mexico Fishery Management Council, and the Caribbean Fishery Management Council. The HMS AP also includes 22 ex-officio participants: 20 representatives of the coastal states and two representatives of the interstate commissions (the Atlantic States Marine Fisheries Commission and the Gulf States Marine Fisheries Commission). NMFS will provide the necessary administrative support, including technical assistance, for the HMS AP. However, NMFS will not compensate participants with monetary support of any kind. Depending on availability of funds, members may be reimbursed for travel costs related to the HMS AP meetings. C. Meeting Schedule srobinson on DSK4SPTVN1PROD with NOTICES Meetings of the HMS AP will be held as frequently as necessary but are routinely held twice each year in the spring and fall. The meetings may be held in conjunction with public hearings. Dated: October 31, 2011. Steven Thur, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–28553 Filed 11–2–11; 8:45 am] BILLING CODE 3510–22–P VerDate Mar<15>2010 16:50 Nov 02, 2011 Jkt 226001 DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO–C–2011–0054] Discontinuing the Mass Mailing of Paper Fee Schedules to Registered Attorneys, Agents, and Deposit Account Holders United States Patent and Trademark Office, Commerce. ACTION: Notice. AGENCY: The United States Patent and Trademark Office (USPTO) is discontinuing the mass mailing of revised paper fee schedules to registered attorneys, agents, and deposit account holders when fees are adjusted due to enactment of legislation or fluctuations in the Consumer Price Index. Since a substantial majority of filings and fee payments are submitted on-line, and the most up-to-date fee schedule is always available and maintained on-line, the USPTO has discontinued the mass mailing of the paper fee schedules. The current fee schedule is essentially built into the on-line systems (e.g., EFS–Web, TEAS, accessible through the USPTO home page, etc.), which display the current fee amounts required at the time of submitting the payment. DATES: Effective Date: November 3, 2011. SUMMARY: FOR FURTHER INFORMATION CONTACT: Matthew Lee, Office of Finance, Receipts Accounting Division, by telephone at (571) 272–6343; or by mail addressed to: Mail Stop 16, Director of the USPTO, P.O. Box 1450, Alexandria, VA 22313–1450. SUPPLEMENTARY INFORMATION: The USPTO is discontinuing the mass mailing of revised paper fee schedules that have been sent to registered attorneys, agents, and deposit account holders since the early 1990s. Since 1998, the revised paper fee schedules have always indicated that the most upto-date fee amounts and information are maintained on the USPTO Web site. This availability of the fee amounts and information renders paper fee schedules obsolete. The purpose of the mass mailings was to provide the practitioners with advance notice of upcoming fee adjustments at a time when filings and fee payments were mainly submitted by mail. Due to the lead time needed for finalizing, bulk printing, and mass mailing of the paper fee schedules, the paper fee schedules have sometimes been mailed out weeks after the new fees are already in effect. Currently over PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 90 percent of patent applications are filed on-line via EFS–Web, and over 98 percent of trademark applications are filed on-line via TEAS. The official, current USPTO fee schedule will continue to be available and maintained on the USPTO Web site at https://www.uspto.gov/about/offices/ cfo/finance/fees.jsp. Additionally, those wishing to receive a paper copy of the current USPTO fee schedule can obtain this copy by calling the USPTO Contact Center at (571) 272–1000 or (800) 786– 9199. Dated: October 28, 2011. Teresa Stanek Rea, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. [FR Doc. 2011–28536 Filed 11–2–11; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO–P–2011–0057] Grant of Interim Extension of the Term of U.S. Patent No. 5,407,914; SURFAXIN® (Lucinactant) United States Patent and Trademark Office, Commerce. ACTION: Notice of Interim Patent Term Extension. AGENCY: The United States Patent and Trademark Office has issued an Order Granting Interim Extension for a third one-year interim extension of the term of U.S. Patent No. 5,407,914. 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 email to Mary.Till@uspto.gov. SUMMARY: 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 19, 2011, Discovery Laboratories Inc., on behalf of patent SUPPLEMENTARY INFORMATION: E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices owner Scripps Research Institute, timely filed an application under 35 U.S.C. 156(d)(5) for an additional interim extension of the term of U.S. Patent No. 5,407,914. The patent claims the human drug product, SURFAXIN® (lucinactant), and a method of using SURFAXIN® (lucinactant). The application indicates that a New Drug Application, NDA No. 21–746, for the human drug product SURFAXIN® (lucinactant) 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, November 17, 2011, 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. 5,407,914 is granted for a period of one additional year from the extended expiration date of the patent, i.e., until November 17, 2012. Dated: October 28, 2011. Robert W. Bahr, Acting Associate Commissioner for Patent Examination Policy, United States Patent and Trademark Office. [FR Doc. 2011–28499 Filed 11–2–11; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO–C–2011–0069] National Medal of Technology and Innovation Nomination Evaluation Committee Meeting United States Patent and Trademark Office. ACTION: Notice of closed meeting. AGENCY: The National Medal of Technology and Innovation (NMTI) Nomination Evaluation Committee will meet in closed session on Friday, November 18, 2011. The primary purpose of the meeting is to discuss the relative merits of persons, teams and companies nominated for the 2011 NMTI Medal. srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:50 Nov 02, 2011 Jkt 226001 The meeting will convene Friday, November 18, 2011, at approximately 9 a.m., and adjourn at approximately 5 p.m. ADDRESSES: The meeting will be held at the United States Patent and Trademark Office, 600 Dulany Street, Alexandria, VA 22314. FOR FURTHER INFORMATION CONTACT: Vikrum Aiyer, Program Manager, National Medal of Technology and Innovation Program, United States Patent and Trademark Office, 600 Dulany Street, Alexandria, VA 22314; telephone (571) 272–8818, or by electronic mail: nmti@uspto.gov. SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the NMTI Nomination Evaluation Committee, chartered to the United States Department of Commerce, will meet at the United States Patent and Trademark Office campus in Alexandria, Virginia. The Secretary of Commerce is responsible for recommending to the President prospective NMTI Medal recipients. The NMTI Nomination Evaluation Committee evaluates the nominations received pursuant to public solicitation and makes its recommendations for the Medal to the Secretary. Committee members are distinguished experts in the fields of science, technology, business and patent law drawn from both the public and private sectors and are appointed by the Secretary for three-year terms. The NMTI Nomination Evaluation Committee was established in accordance with the Federal Advisory Committee Act (FACA). The Committee meeting will be closed to the public in accordance with FACA and 5 U.S.C. 552b(c)(4), (6) and (9)(B), because the discussion of the relative merit of the Medal nominations is likely to disclose information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy; premature disclosure of the Committee’s recommendations would be likely to significantly frustrate implementation of the Medal Program; and the meeting will include a Department of Commerce Ethics Division presentation and question and answer session which may be closed to protect the privileged and confidential personal financial information of Committee members. The Chief Financial Officer and Assistant Secretary for Administration, United States Department of Commerce, formally determined on October 26, 2011, pursuant to Section 10(d) of the Federal Advisory Committee Act, that the meeting may be closed because DATES: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 68167 Committee members are concerned with matters that are within the purview of 5 U.S.C. 552b(c)(4), (6) and (9)(B). Due to closure of this meeting, copies of any minutes of the meeting will not be available. A copy of the determination is available for public inspection at the United States Patent and Trademark Office. Dated: October 28, 2011. Teresa Stanek Rea, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. [FR Doc. 2011–28500 Filed 11–2–11; 8:45 am] BILLING CODE 3510–16–P COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meeting—Emergency Meeting Notice This notice that an emergency meeting was held is published pursuant to the provisions of the Government in the Sunshine Act, Public Law 94–409, 5 U.S.C. 552b. AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission. TIME AND DATE: The Commission held an emergency closed meeting on October 31, 2011 at 12 p.m. The Commission, by a recorded unanimous vote, determined that the agency business required that business of the agency required that the meeting be held at that time. PLACE: Three Lafayette Center, 1155 21st St. NW., Washington, DC, 9th Floor Commission Conference Room. STATUS: Closed. MATTERS TO BE CONSIDERED: Registrant Financial Matters. CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, Assistant Secretary of the Commission, 202–418–5084. Sauntia S. Warfield, Assistant Secretary of the Commission. [FR Doc. 2011–28607 Filed 11–1–11; 11:15 am] BILLING CODE 6351–01–P CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. 12–C0003] Spin Master, Inc. and Spin Master, Ltd., Provisional Acceptance of a Settlement Agreement and Order Consumer Product Safety Commission. ACTION: Notice. AGENCY: E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68166-68167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28499]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-2011-0057]


Grant of Interim Extension of the Term of U.S. Patent No. 
5,407,914; SURFAXIN[supreg] (Lucinactant)

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 an 
Order Granting Interim Extension for a third one-year interim extension 
of the term of U.S. Patent No. 5,407,914.

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 email 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 19, 2011, Discovery Laboratories Inc., on behalf of 
patent

[[Page 68167]]

owner Scripps Research Institute, timely filed an application under 35 
U.S.C. 156(d)(5) for an additional interim extension of the term of 
U.S. Patent No. 5,407,914. The patent claims the human drug product, 
SURFAXIN[supreg] (lucinactant), and a method of using SURFAXIN[supreg] 
(lucinactant). The application indicates that a New Drug Application, 
NDA No. 21-746, for the human drug product SURFAXIN[supreg] 
(lucinactant) 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, November 17, 2011, 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. 5,407,914 is granted for a period of one additional year 
from the extended expiration date of the patent, i.e., until November 
17, 2012.

    Dated: October 28, 2011.
 Robert W. Bahr,
Acting Associate Commissioner for Patent Examination Policy, United 
States Patent and Trademark Office.
[FR Doc. 2011-28499 Filed 11-2-11; 8:45 am]
BILLING CODE 3510-16-P

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