37
`
`Revised as of July 1, 2002
`
`Patents, Trademarks, and
`Copyrights
`
`Containing a codification of documents
`of general applicability and future effect
`
`As of July 1, 2002
`
`With Ancillaries
`
`Published by
`Office of the Federal Register
`National Archives and Records
`Administration
`
`A Special Edition of the Federal Register
`
`VerDate May<23>2002 12:40 Aug 03, 2002 Jkt 197133 PO 00000 Frm 00001 Fmt 8091 Sfmt 8091 Y:\SGML\197133F.XXX 197133F
`
`ALLSTEEL INC.
`Exhibit 1017, Page 1
`
`

`
`U.S. GOVERNMENT PRINTING OFFICE
`WASHINGTON : 2002
`
`For sale by the Superintendent of Documents, U.S. Government Printing Office
`Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800
`Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402–0001
`
`VerDate May<23>2002 12:40 Aug 03, 2002 Jkt 197133 PO 00000 Frm 00002 Fmt 8092 Sfmt 8092 Y:\SGML\197133F.XXX 197133F
`
`Exhibit 1017, Page 2
`
`
`
`

`
`§ 1.11
`
`paper(s) or fee(s) that constitute the
`correspondence prior to the original
`mailing by ‘‘Express Mail;’’ and
`(3) The petition includes a true copy
`of the ‘‘Express Mail’’ mailing label
`showing the ‘‘date-in,’’ and of any
`other official notation by the USPS re-
`lied upon to show the date of deposit.
`(d) Any person filing correspondence
`under this section that was received by
`the Office and delivered by the ‘‘Ex-
`press Mail Post Office to Addressee’’
`service of the USPS, who can show
`that the ‘‘date-in’’ on the ‘‘Express
`Mail’’ mailing label or other official
`notation entered by the USPS was in-
`correctly entered or omitted by the
`USPS, may petition the Commissioner
`to accord the correspondence a filing
`date as of the date the correspondence
`is shown to have been deposited with
`the USPS, provided that:
`(1) The petition is filed promptly
`after the person becomes aware that
`the Office has accorded, or will accord,
`a filing date based upon an incorrect
`entry by the USPS;
`(2) The number of the ‘‘Express Mail’’
`mailing
`label was placed on the
`paper(s) or fee(s) that constitute the
`correspondence prior to the original
`mailing by ‘‘Express Mail’’; and
`(3) The petition includes a showing
`which establishes, to the satisfaction
`of the Commissioner, that the re-
`quested filing date was the date the
`correspondence was deposited in the
`‘‘Express Mail Post Office to Ad-
`dressee’’ service prior to the last sched-
`uled pickup for that day. Any showing
`pursuant to this paragraph must be
`corroborated by evidence from the
`USPS or that came into being after de-
`posit and within one business day of
`the deposit of the correspondence in
`the ‘‘Express Mail Post Office to Ad-
`dressee’’ service of the USPS.
`(e) Any person mailing correspond-
`ence addressed as set out in § 1.1(a) to
`the Office with sufficient postage uti-
`lizing the ‘‘Express Mail Post Office to
`Addressee’’ service of the USPS but not
`received by the Office, may petition
`the Commissioner to consider such cor-
`respondence filed in the Office on the
`USPS deposit date, provided that:
`(1) The petition is filed promptly
`after the person becomes aware that
`
`37 CFR Ch. I (7–1–02 Edition)
`
`the Office has no evidence of receipt of
`the correspondence;
`(2) The number of the ‘‘Express Mail’’
`mailing
`label was placed on the
`paper(s) or fee(s) that constitute the
`correspondence prior to the original
`mailing by ‘‘Express Mail’’;
`(3) The petition includes a copy of
`the originally deposited paper(s) or
`fee(s) that constitute the correspond-
`ence showing the number of the ‘‘Ex-
`press Mail’’ mailing label thereon, a
`copy of any returned postcard receipt,
`a copy of the ‘‘Express Mail’’ mailing
`label showing the ‘‘date-in,’’ a copy of
`any other official notation by the
`USPS relied upon to show the date of
`deposit, and, if the requested filing
`date is a date other than the ‘‘date-in’’
`on the ‘‘Express Mail’’ mailing label or
`other official notation entered by the
`USPS, a showing pursuant to para-
`graph (d)(3) of this section that the re-
`quested filing date was the date the
`correspondence was deposited in the
`‘‘Express Mail Post Office to Ad-
`dressee’’ service prior to the last sched-
`uled pickup for that day; and
`(4) The petition includes a statement
`which establishes, to the satisfaction
`of the Commissioner, the original de-
`posit of the correspondence and that
`the copies of the correspondence, the
`copy of the ‘‘Express Mail’’ mailing
`label, the copy of any returned post-
`card receipt, and any official notation
`entered by the USPS are true copies of
`the originally mailed correspondence,
`original ‘‘Express Mail’’ mailing label,
`returned postcard receipt, and official
`notation entered by the USPS.
`(f) The Office may require additional
`evidence to determine if the cor-
`respondence was deposited as ‘‘Express
`Mail’’ with the USPS on the date in
`question.
`
`[61 FR 56447, Nov. 1, 1996 as amended at 62 FR
`53181, Oct. 10, 1997; 67 FR 36101, May 23, 2002]
`
`RECORDS AND FILES OF THE PATENT AND
`TRADEMARK OFFICE
`
`§ 1.11 Files open to the public.
`(a) The specification, drawings, and
`all papers relating to the file of an
`
`20
`
`VerDate Dec<13>2002 11:53 Feb 03, 2003 Jkt 197133 PO 00000 Frm 00020 Fmt 8010 Sfmt 8010 Y:\SGML\197133T.XXX 197133T
`
`Exhibit 1017, Page 3
`
`
`
`

`
`U.S. Patent and Trademark Office, Commerce
`
`§ 1.12
`
`abandoned published application, ex-
`cept if a redacted copy of the applica-
`tion was used for the patent applica-
`tion publication, a patent, or a statu-
`tory invention registration are open to
`inspection by the public, and copies
`may be obtained upon the payment of
`the fee set forth in § 1.19(b)(2). See § 2.27
`for trademark files.
`(b) All reissue applications, all appli-
`cations in which the Office has accept-
`ed a request to open the complete ap-
`plication to inspection by the public,
`and related papers in the application
`file, are open to inspection by the pub-
`lic, and copies may be furnished upon
`paying the fee therefor. The filing of
`reissue applications, other than contin-
`ued prosecution applications under
`§ 1.53(d) of reissue applications, will be
`announced in the Official Gazette. The
`announcement shall include at least
`the filing date, reissue application and
`original patent numbers, title, class
`and subclass, name of the inventor,
`name of the owner of record, name of
`the attorney or agent of record, and ex-
`amining group to which the reissue ap-
`plication is assigned.
`(c) All requests for reexamination for
`which the fee under § 1.20(c) has been
`paid, will be announced in the Official
`Gazette. Any reexaminations at the ini-
`tiative of the Commissioner pursuant
`to § 1.520 will also be announced in the
`Official Gazette. The announcement
`shall include at least the date of the re-
`quest, if any, the reexamination re-
`quest control number or the Commis-
`sioner initiated order control number,
`patent number, title, class and sub-
`class, name of the inventor, name of
`the patent owner of record, and the ex-
`amining group to which the reexamina-
`tion is assigned.
`(d) All papers or copies thereof relat-
`ing to a reexamination proceeding
`which have been entered of record in
`the patent or reexamination file are
`open to inspection by the general pub-
`lic, and copies may be furnished upon
`paying the fee therefor.
`(e) The file of any interference in-
`volving a patent, a statutory invention
`registration, a reissue application, or
`an application on which a patent has
`been issued or which has been pub-
`lished as a statutory invention reg-
`istration, is open to inspection by the
`
`public, and copies may be obtained
`upon paying the fee therefor, if:
`(1) The interference has terminated
`or
`(2) An award of priority or judgment
`has been entered as to all parties and
`all counts.
`
`(35 U.S.C. 6; 15 U.S.C. 1113, 1123)
`
`[46 FR 29181, May 29, 1981, as amended at 47
`FR 41272, Sept. 17, 1982; 50 FR 9378, Mar. 7,
`1985; 60 FR 14518, Mar. 17, 1995; 62 FR 53181,
`Oct. 10, 1997; 65 FR 57051, Sept. 20, 2000]
`
`§ 1.12 Assignment records open to pub-
`lic inspection.
`(a)(1) Separate assignment records
`are maintained in the United States
`Patent and Trademark Office for pat-
`ents and trademarks. The assignment
`records, relating to original or reissue
`patents, including digests and indexes
`(for assignments recorded on or after
`May 1, 1957), published patent applica-
`tions, and assignment records relating
`to pending or abandoned trademark ap-
`plications and to trademark registra-
`tions (for assignments recorded on or
`after January 1, 1955), are open to pub-
`lic inspection at the United States Pat-
`ent and Trademark Office, and copies
`of those assignment records may be ob-
`tained upon request and payment of
`the fee set forth in § 1.19 and § 2.6 of this
`chapter.
`(2) All records of assignments of pat-
`ents recorded before May 1, 1957, and
`all records of trademark assignments
`recorded before January 1, 1955, are
`maintained by the National Archives
`and Records Administration (NARA).
`The records are open to public inspec-
`tion. Certified and uncertified copies of
`those assignment records are provided
`by NARA upon request and payment of
`the fees required by NARA.
`(b) Assignment records, digests, and
`indexes relating to any pending or
`abandoned patent application which
`has not been published under 35 U.S.C.
`122(b) are not available to the public.
`Copies of any such assignment records
`and related information shall be ob-
`tainable only upon written authority
`of the applicant or applicant’s assignee
`or attorney or agent or upon a showing
`that the person seeking such informa-
`tion is a bona fide prospective or actual
`purchaser, mortgagee, or licensee of
`
`21
`
`VerDate Dec<13>2002 11:53 Feb 03, 2003 Jkt 197133 PO 00000 Frm 00021 Fmt 8010 Sfmt 8010 Y:\SGML\197133T.XXX 197133T
`
`Exhibit 1017, Page 4