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`Dec
`23
`2015
`
`Updated Message
`Regarding USPTO
`Outage
`
`The USPTO is experiencing several system
`outages due to a major power failure. These
`outages are expected to continue through at
`least Saturday, December 26, 2015.
`
`The following guidance applies to all
`employees who are unable to work due to
`the system outage (e.g., Patent examiners,
`Trademark examining attorneys, LIEs, etc.).
`Employees who are not affected by the
`system outage should continue to work.
`
`This guidance does not apply to employees
`who are: (1) on approved annual leave, (2)
`approved sick leave, (3) LWOP, (4) absent
`because of worker’s compensation, (5) on
`military leave, or (6) on suspension; they are
`
`http://popa.org/2619/
`
`2/4/2016
`
`Elm Exhibit 2109
`Samsung, Micron, SK hynix v. Elm
`IPR2016-00387
`
`
`
`Updated Message Regarding USPTO Outage : Patent Office Professional ...
`
`Page 2 of 7
`
`not eligible for administrative leave on
`Wednesday 12/23, the half day on Thursday
`12/24 and Saturday 12/26. They will remain
`in their current status.
`
`Since the WebTA system is currently offline,
`employees will have the ability to submit
`corrections to their WebTA once the system
`becomes available or when they return to
`the office.
`
`Wednesday, December 23, 2015
`
`· Employees on flexible work schedules may
`claim up to a maximum of 8 hours of
`administrative leave on December 23rd that
`may be credited towards their 80-hour basic
`work requirement.
`
`· Employees on compressed work schedules
`are entitled to administrative leave for the
`number of hours they are scheduled to work
`on December 23rd. For example, an
`employee scheduled to work 9 hours
`because they are on a 5/4/9 schedule, will
`be granted 9 hours of administrative leave
`for December 23rd.
`
`· For employees who are unable to work due
`to the system outage, overtime,
`compensatory time and credit hours may not
`be worked.
`
`· Part-time employees will receive
`administrative leave for the number of hours
`they are normally scheduled to work on
`
`http://popa.org/2619/
`
`2/4/2016
`
`Elm Exhibit 2109, Page 2
`
`
`
`Updated Message Regarding USPTO Outage : Patent Office Professional ...
`
`Page 3 of 7
`
`December 23rd, except that employees on a
`flexible part-time schedule may only claim
`up to a maximum of 8 hours. The POPA part
`time program is a flexible part time schedule.
`A part-time employee who has set arrival
`and departure times is working a fixed work
`schedule.
`
`Thursday, December 24, 2015
`
`· Employees on flexible work schedules may
`claim up to a maximum of 4 hours of
`administrative leave and up to a maximum of
`4 hours of holiday leave on December 24th
`for a total of 8 hours that may be credited
`towards their 80-hour basic work
`requirement.
`
`· Employees on compressed work schedules
`are entitled to administrative leave for half of
`the number of their scheduled work hours on
`December 24th and may claim half of the
`number of their scheduled work hours as
`holiday leave on December 24th. For
`example, an employee scheduled to work 9
`hours because they are on a 5/4/9 schedule,
`will be granted 4.5 hours of administrative
`leave and 4.5 hours of holiday leave for a
`total of 9 hours for that day.
`
`· For employees who are unable to work due
`to the system outage, overtime,
`compensatory time and credit hours may not
`be worked.
`
`· Part-time employees may claim
`
`http://popa.org/2619/
`
`2/4/2016
`
`Elm Exhibit 2109, Page 3
`
`
`
`Updated Message Regarding USPTO Outage : Patent Office Professional ...
`
`Page 4 of 7
`
`administrative leave for up to half of the
`number of hours they are scheduled to work
`and will receive holiday leave for half of the
`number of hours they are normally
`scheduled to work on December 24th,
`except that employees on a flexible part-time
`schedule may claim up to a maximum of 4
`hours of administrative leave and maximum
`of up to 4 hours of holiday leave. A part-time
`employee who has set arrival and departure
`times is working a fixed work schedule.
`
`Friday, December 25, 2015
`
`· For employees who are unable to work due
`to the system outage, overtime,
`compensatory time and credit hours may not
`be worked.
`
`Saturday, December 26, 2015
`
`· Employees on flexible work schedules who
`had intended to work may claim up to a
`maximum of 8 hours of administrative leave
`on December 26th that may be credited
`towards their 80-hour basic work
`requirement.
`
`· For employees who are unable to work due
`to the system outage, overtime,
`compensatory time and credit hours may not
`be worked.
`
`Employees who need leave to complete
`their 80-hour bi-week (because the
`administrative leave is capped at 8 hours
`
`http://popa.org/2619/
`
`2/4/2016
`
`Elm Exhibit 2109, Page 4
`
`
`
`Updated Message Regarding USPTO Outage : Patent Office Professional ...
`
`Page 5 of 7
`
`each day), should request leave through
`WebTA once the WebTA system is again
`available. These requests will be granted
`retroactively.
`
`If you have any questions, please contact
`your supervisor.
`
`A Message from Andy
`Faile to Patents Employees
`
`Additional
`Information from Andy
`Faile
`
`http://popa.org/2619/
`
`2/4/2016
`
`Elm Exhibit 2109, Page 5
`
`
`
`Updated Message Regarding USPTO Outage : Patent Office Professional ...
`
`Page 6 of 7
`
`Recent Articles
`
`Special Rate Tables for Patent Examiners
`POPA Annual Meeting Minutes December 2, 2015
`Announcement of New Officers
`Compensation for Recent Electronic Tool
`Unavailability
`Outage Update – WebTA now available
`
`POPA Hotline
`
`Contact the POPA hotline 571-272-7161 for the
`following critical situations:
`investigatory meeting
`proposed removal
`proposed suspension
`a grievance that is approaching the 20 day
`deadline to file.
`Reminder: Office Hours will be held every Tuesday
`from 11am - 1pm in the POPA Office, RND 1D61 or by
`phone x2-7162. This is where you can meet and
`discuss your issues with a POPA representative.
`
`For general inquiries, please contact a POPA
`representative
`
`POPA’s General Feedback Form
`
`Comments or questions are welcome.
`
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`
`http://popa.org/2619/
`
`2/4/2016
`
`Elm Exhibit 2109, Page 6
`
`
`
`Updated Message Regarding USPTO Outage : Patent Office Professional ...
`
`Page 7 of 7
`
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`http://popa.org/2619/
`
`2/4/2016
`
`Elm Exhibit 2109, Page 7