Army Education Advisory Committee Meeting Notice, 1566-1567 [2024-00308]
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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices
in Amgen, the method ‘‘simply directs
skilled artisans to engage in the same
iterative, trial-and-error process the
inventors followed to discover the
eleven antibodies they elected to
disclose’’ and that ‘‘[u]nder Amgen,
such random trial-and-error discovery,
without more, constitutes unreasonable
experimentation that falls outside the
bounds required by § 112(a).’’ Id. at *8,
*10. In response to an argument that the
district court’s enablement
determination was inconsistent with
Wands, the Federal Circuit stated, ‘‘[w]e
do not interpret Amgen to have
disturbed our prior enablement case
law, including Wands and its factors,’’
and ‘‘[w]e see no meaningful difference
between Wands’ ‘undue
experimentation’ and Amgen’s
‘[un]reasonable experimentation’
standards.’’ Id. at *10.
In Medytox, another post-Amgen
enablement decision, the Federal Circuit
affirmed a PTAB decision in a postgrant review proceeding using the
Wands factors and found that the full
scope of a substitute claim was not
enabled. Medytox, 71 F.4th at 998–999.
The substitute claim was directed to a
method of using an animal protein-free
botulinum toxin composition that
exhibited a longer-lasting effect in the
patient than an animal proteincontaining botulinum toxin
composition, and included a responder
rate limitation of 50% or greater. Id. at
993. The Federal Circuit interpreted the
responder rate limitation as having an
upper limit of 100%. Id. at 997. The
specification contained, at most, three
examples of responder rates above 50%.
Id. at 998. Employing the Wands factors,
the PTAB found that a skilled artisan,
reading the specification, would not
have been able to achieve higher than
62% for the responder rate limitation
without undue experimentation. Id. at
998–99. Citing Amgen, the Federal
Circuit stated that ‘‘[t]he more one
claims, the more one must enable’’ and
that although the specification does not
need to always ‘‘describe with
particularity how to make and use every
single embodiment within a claimed
class, it must nevertheless enable the
full scope of the invention as defined by
its claims, for example by disclosing [a]
general quality of the class that may
reliably enable a person skilled in the
art to make and use all of what is
claimed.’’ Id. at 998 (internal quotations
omitted). The Federal Circuit found that
the PTAB provided an adequate
explanation and reasoning for its
enablement finding, which utilized the
Wands factors, and found no error in the
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PTAB’s determination of a lack of
enablement. Id. at 999.
Finally, in Starrett, another postAmgen enablement decision, the
Federal Circuit affirmed a PTAB
decision in an ex parte appeal
upholding an examiner’s rejection for a
lack of enablement of a claim to a nontransitory computer readable medium
for maintaining augmented telepathic
data for telepathic communication.
Starrett, 2023 WL 3881360 at 1. While
reviewing the examiner’s enablement
rejection, the PTAB treated the claim as
a genus claim because it contained 47
‘‘or’’ clauses and potentially covered
over 140 trillion embodiments. Id. at 2.
The PTAB affirmed the examiner’s
determination of a lack of enablement
and found that the examiner properly
analyzed all the relevant Wands factors
when making the determination that the
claim lacked enablement. Id. The
Federal Circuit once again cited Amgen
for the proposition that ‘‘the
specification must enable the full scope
of the invention as defined by its
claims,’’ and the ‘‘more one claims, the
more one must enable.’’ Id. at 4. The
Federal Circuit found that, as in Amgen,
‘‘[h]ere, much is claimed, and little is
enabled.’’ Id. In reliance on Amgen, the
Federal Circuit stated that ‘‘[a]lthough a
finding of enablement is not precluded
by a skilled artisan’s need[ ] to engage in
some measure of experimentation, the
extent of that experimentation must be
reasonable.’’ Id. The Federal Circuit
endorsed using the Wands factors to
determine whether the amount of
experimentation required in Starrett
was reasonable when it stated that
‘‘[t]he determination as to whether the
extent of experimentation is undue or
reasonable is informed by the eight
Wands factors.’’ Id. In concluding that
the claim lacked enablement, the
Federal Circuit found that nothing in
the specification or claims undermined
the PTAB’s reliance on the examiner’s
Wands factor analysis and that the
examiner’s discussion of the Wands
factors ‘‘properly faulted the
specification for failing to describe how
the claim elements function,’’ thereby
indicating that the Wands factors should
be used to determine whether the
experimentation was reasonable. Id. at
4–5 (emphasis in original).
Conclusion
Therefore, consistent with Amgen and
the Federal Circuit’s post-Amgen
decisions of Baxalta, Medytox, and
Starrett, when assessing whether the
claims in a utility patent application or
patent are enabled, regardless of the
technology, USPTO personnel will
continue to use the Wands factors to
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ascertain whether the experimentation
required to enable the full scope of the
claimed invention is reasonable. The
explanation in an enablement rejection
or in a PTAB determination that a claim
is not enabled should focus on those
factors and the reasons and evidence
that led the examiner or decision-maker
to arrive at their conclusion. See MPEP
2164.04. The Wands analysis should
provide adequate explanation and
reasoning for a lack of enablement
finding in order to facilitate the
USPTO’s clarity of the record goals, as
well as the USPTO’s goals of providing
consistency between examination and
post-grant challenges.
Katherine Kelly Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2024–00259 Filed 1–9–24; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Department of the Army
Army Education Advisory Committee
Meeting Notice
Department of the Army, DoD.
Notice of open committee
meeting.
AGENCY:
ACTION:
The Department of the Army
is publishing this notice to announce
the following Federal advisory
committee meeting of the Army
Education Advisory Committee (AEAC).
This meeting is open to the public.
DATES: The Army Education Advisory
Committee will meet from 8 a.m. to 5
p.m. on both January 24–25, 2024.
ADDRESSES: Army Education Advisory
Committee, 950 Jefferson Avenue,
Building 950, U.S. Training and
Doctrine Command (TRADOC)
Headquarters, Conference Room 2047,
Ft. Eustis, VA 23604.
FOR FURTHER INFORMATION CONTACT: Dr.
Justin M. Green, the Designated Federal
Officer for the committee, in writing at
ATTN: ATTG–TRI–G, TRADOC, 950
Jefferson Ave, Fort Eustis, VA 23604, by
email at justin.m.green12.civ@army.mil,
or by telephone at (757) 501–9935.
SUPPLEMENTARY INFORMATION: Due to
circumstances beyond the control of the
Designated Federal Officer, the Army
Education Advisory Committee was
unable to provide public notification
required by 41 CFR 102–3.150(a)
concerning its January 24–25, 2024
meeting. Accordingly, the Advisory
Committee Management Officer for the
Department of Defense, pursuant to 41
SUMMARY:
E:\FR\FM\10JAN1.SGM
10JAN1
Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices
CFR 102–3.150(b), waives the 15calendar day notification requirement.
The committee meeting is being held
under the provisions of the Federal
Advisory Committee Act (FACA; 5
U.S.C. 10), the Government in the
Sunshine Act of 1976 (5 U.S.C. 552b, as
amended), and 41 CFR 102–3.150.
Purpose of the Meeting: The purpose
of the meeting is to review TRADOC
Priorities, the AEAC Charter, and to
conduct mandatory annual ethics
training. The Committee will also
receive an overview of the Fiscal Year
2024 AEAC Study which will focus on
the modernization of the Special
Operations School of Excellence
(SOCoE).
Agenda: January 24 and 25: The
committee is chartered to provide
independent advice and
recommendations to the Secretary of the
Army on the educational, doctrinal, and
research policies and activities of U.S.
Army educational programs. The
committee will complete all FACA
annual requirements, will begin
discussions related to the modernization
of the Special Operations School of
Excellence (SOCoE), and discuss and
deliberate provisional findings and
recommendations submitted by its
subcommittees.
Public Accessibility to the Meeting:
Pursuant to 5 U.S.C. 552b, as amended,
and 41 CFR 102–3.140 through 102–
3.165, and subject to the availability of
space, this meeting is open to the
public. Seating is on a first to arrive
basis. Attendees are requested to submit
their name, affiliation, and daytime
phone number seven business days
prior to the meeting to Dr. Green, via
electronic mail, the preferred mode of
submission, at the address listed in the
lotter on DSK11XQN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT
section.
Because the meeting of the committee
will be held in a Federal Government
facility on a military base, security
screening is required. A photo ID is
required to enter base. Please note that
security and gate guards have the right
to inspect vehicles and persons seeking
to enter and exit the installation.
TRADOC Headquarters is fully
handicap accessible. Wheelchair access
is available in front at the main entrance
of the building. For additional
information about public access
procedures, contact Dr. Green, the
committee’s Designated Federal Officer,
at the email address or telephone
number listed in the FOR FURTHER
INFORMATION CONTACT section.
Written Comments or Statements:
Pursuant to 41 CFR 102–3.105(j) and
102–3.140 and section 10(a)(3) of the
Federal Advisory Committee Act, the
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16:40 Jan 09, 2024
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public or interested organizations may
submit written comments or statements
to the committee in response to the
stated agenda of the open meeting or in
regard to the committee’s mission in
general. Written comments or
statements should be submitted to Dr.
Green, the committee Designated
Federal Officer, via electronic mail, the
preferred mode of submission, at the
address listed in the FOR FURTHER
INFORMATION CONTACT section. Each page
of the comment or statement must
include the author’s name, title or
affiliation, address, and daytime phone
number. The Designated Federal Official
will review all submitted written
comments or statements and provide
them to members of the committee for
their consideration. Written comments
or statements being submitted in
response to the agenda set forth in this
notice must be received by the
Designated Federal Official at least
seven business days prior to the meeting
to be considered by the committee.
Written comments or statements
received after this date may not be
provided to the committee until its next
meeting.
Pursuant to 41 CFR 102–3.140d, the
Committee is not obligated to allow a
member of the public to speak or
otherwise address the Committee during
the meeting. Members of the public will
be permitted to make verbal comments
during the Committee meeting only at
the time and in the manner described
below. If a member of the public is
interested in making a verbal comment
at the open meeting, that individual
must submit a request, with a brief
statement of the subject matter to be
addressed by the comment, at least
seven business days in advance to the
committee’s Designated Federal Official,
via electronic mail, the preferred mode
of submission, at the address listed in
the FOR FURTHER INFORMATION CONTACT
section. The Designated Federal Official
will log each request, in the order
received, and in consultation with the
committee Chair, determine whether the
subject matter of each comment is
relevant to the committee’s mission
and/or the topics to be addressed in this
public meeting. A 15-minute period
near the end of the meeting will be
available for verbal public comments.
Members of the public who have
requested to make a verbal comment
and whose comments have been
deemed relevant under the process
described above, will be allotted no
more than three minutes during the
period, and will be invited to speak in
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1567
the order in which their requests were
received by Designated Federal Official.
James W. Satterwhite Jr.,
Army Federal Register Liaison Officer.
[FR Doc. 2024–00308 Filed 1–9–24; 8:45 am]
BILLING CODE 3710–02–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 2544–000]
Hydro Technology Systems; Notice of
Authorization for Continued Project
Operation
The license for the Meyers Falls
Hydroelectric Project No. 2544 was
issued for a period ending December 31,
2023.
Section 15(a)(1) of the FPA, 16 U.S.C.
808(a)(1), requires the Commission, at
the expiration of a license term, to issue
from year-to-year an annual license to
the then licensee(s) under the terms and
conditions of the prior license until a
new license is issued, or the project is
otherwise disposed of as provided in
section 15 or any other applicable
section of the FPA. If the project’s prior
license waived the applicability of
section 15 of the FPA, then, based on
section 9(b) of the Administrative
Procedure Act, 5 U.S.C. 558(c), and as
set forth at 18 CFR 16.21(a), if the
licensee of such project has filed an
application for a subsequent license, the
licensee may continue to operate the
project in accordance with the terms
and conditions of the license after the
minor or minor part license expires,
until the Commission acts on its
application. If the licensee of such a
project has not filed an application for
a subsequent license, then it may be
required, pursuant to 18 CFR 16.21(b),
to continue project operations until the
Commission issues someone else a
license for the project or otherwise
orders disposition of the project.
If the project is subject to section 15
of the FPA, notice is hereby given that
an annual license for Project No. 2544
is issued to Hydro Technology Systems
for a period effective January 1, 2024,
through December 31, 2024, or until the
issuance of a new license for the project
or other disposition under the FPA,
whichever comes first. If issuance of a
new license (or other disposition) does
not take place on or before December 31,
2024, notice is hereby given that,
pursuant to 18 CFR 16.18(c), an annual
license under section 15(a)(1) of the
FPA is renewed automatically without
further order or notice by the
E:\FR\FM\10JAN1.SGM
10JAN1
]]>Agencies
[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1566-1567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00308]
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DEPARTMENT OF DEFENSE
Department of the Army
Army Education Advisory Committee Meeting Notice
AGENCY: Department of the Army, DoD.
ACTION: Notice of open committee meeting.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army is publishing this notice to
announce the following Federal advisory committee meeting of the Army
Education Advisory Committee (AEAC). This meeting is open to the
public.
DATES: The Army Education Advisory Committee will meet from 8 a.m. to 5
p.m. on both January 24-25, 2024.
ADDRESSES: Army Education Advisory Committee, 950 Jefferson Avenue,
Building 950, U.S. Training and Doctrine Command (TRADOC) Headquarters,
Conference Room 2047, Ft. Eustis, VA 23604.
FOR FURTHER INFORMATION CONTACT: Dr. Justin M. Green, the Designated
Federal Officer for the committee, in writing at ATTN: ATTG-TRI-G,
TRADOC, 950 Jefferson Ave, Fort Eustis, VA 23604, by email at
[email protected], or by telephone at (757) 501-9935.
SUPPLEMENTARY INFORMATION: Due to circumstances beyond the control of
the Designated Federal Officer, the Army Education Advisory Committee
was unable to provide public notification required by 41 CFR 102-
3.150(a) concerning its January 24-25, 2024 meeting. Accordingly, the
Advisory Committee Management Officer for the Department of Defense,
pursuant to 41
[[Page 1567]]
CFR 102-3.150(b), waives the 15-calendar day notification requirement.
The committee meeting is being held under the provisions of the
Federal Advisory Committee Act (FACA; 5 U.S.C. 10), the Government in
the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-
3.150.
Purpose of the Meeting: The purpose of the meeting is to review
TRADOC Priorities, the AEAC Charter, and to conduct mandatory annual
ethics training. The Committee will also receive an overview of the
Fiscal Year 2024 AEAC Study which will focus on the modernization of
the Special Operations School of Excellence (SOCoE).
Agenda: January 24 and 25: The committee is chartered to provide
independent advice and recommendations to the Secretary of the Army on
the educational, doctrinal, and research policies and activities of
U.S. Army educational programs. The committee will complete all FACA
annual requirements, will begin discussions related to the
modernization of the Special Operations School of Excellence (SOCoE),
and discuss and deliberate provisional findings and recommendations
submitted by its subcommittees.
Public Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b, as
amended, and 41 CFR 102-3.140 through 102-3.165, and subject to the
availability of space, this meeting is open to the public. Seating is
on a first to arrive basis. Attendees are requested to submit their
name, affiliation, and daytime phone number seven business days prior
to the meeting to Dr. Green, via electronic mail, the preferred mode of
submission, at the address listed in the FOR FURTHER INFORMATION
CONTACT section.
Because the meeting of the committee will be held in a Federal
Government facility on a military base, security screening is required.
A photo ID is required to enter base. Please note that security and
gate guards have the right to inspect vehicles and persons seeking to
enter and exit the installation. TRADOC Headquarters is fully handicap
accessible. Wheelchair access is available in front at the main
entrance of the building. For additional information about public
access procedures, contact Dr. Green, the committee's Designated
Federal Officer, at the email address or telephone number listed in the
FOR FURTHER INFORMATION CONTACT section.
Written Comments or Statements: Pursuant to 41 CFR 102-3.105(j) and
102-3.140 and section 10(a)(3) of the Federal Advisory Committee Act,
the public or interested organizations may submit written comments or
statements to the committee in response to the stated agenda of the
open meeting or in regard to the committee's mission in general.
Written comments or statements should be submitted to Dr. Green, the
committee Designated Federal Officer, via electronic mail, the
preferred mode of submission, at the address listed in the FOR FURTHER
INFORMATION CONTACT section. Each page of the comment or statement must
include the author's name, title or affiliation, address, and daytime
phone number. The Designated Federal Official will review all submitted
written comments or statements and provide them to members of the
committee for their consideration. Written comments or statements being
submitted in response to the agenda set forth in this notice must be
received by the Designated Federal Official at least seven business
days prior to the meeting to be considered by the committee. Written
comments or statements received after this date may not be provided to
the committee until its next meeting.
Pursuant to 41 CFR 102-3.140d, the Committee is not obligated to
allow a member of the public to speak or otherwise address the
Committee during the meeting. Members of the public will be permitted
to make verbal comments during the Committee meeting only at the time
and in the manner described below. If a member of the public is
interested in making a verbal comment at the open meeting, that
individual must submit a request, with a brief statement of the subject
matter to be addressed by the comment, at least seven business days in
advance to the committee's Designated Federal Official, via electronic
mail, the preferred mode of submission, at the address listed in the
FOR FURTHER INFORMATION CONTACT section. The Designated Federal
Official will log each request, in the order received, and in
consultation with the committee Chair, determine whether the subject
matter of each comment is relevant to the committee's mission and/or
the topics to be addressed in this public meeting. A 15-minute period
near the end of the meeting will be available for verbal public
comments. Members of the public who have requested to make a verbal
comment and whose comments have been deemed relevant under the process
described above, will be allotted no more than three minutes during the
period, and will be invited to speak in the order in which their
requests were received by Designated Federal Official.
James W. Satterwhite Jr.,
Army Federal Register Liaison Officer.
[FR Doc. 2024-00308 Filed 1-9-24; 8:45 am]
BILLING CODE 3710-02-P
