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DEC 3 0 200TJ/ 



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U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE 
Under the Maflfirvvork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. 



PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT ABANDONED 
UNINTENTIONALLY UNDER 37 CFR 1.137(b) 



Docket Number (Optional) 
441472000110 



First named inventor: H. Ralph SNODGRASS 

Application No: 09/864,621 Art Unit: 1632 

Filed: May 23, 2001 Examiner: S. Chen 

Title: TOXICITY TYPING USING EMBRYOID BODIES 



MS Petition 

Commissioner for Patents 

P.O. Box 1450 

Alexandria, VA 22313-1450 

NOTE: If information or assistance is needed in completing this form, please contact Petitions 
Information at (703) 305-9282. 

The above-identified application became abandoned for failure to file a timely and proper reply to a notice or 
action by the United States Patent and Trademark Office. The date of abandonment is the day after the expiration 
date of the period set for reply in the Office notice or action plus any extensions of time actually obtained. 

APPLICANT HEREBY PETITIONS FOR REVIVAL OF THIS APPLICATION 

NOTE: A grantable petition requires the following items: 

(1) Petition fee; 

(2) Reply and/or issue fee; 

(3) Terminal disclaimer with disclaimer fee - required for all utility and plant applications 
filed before June 8, 1995; and for all design applications; and 

(4) Statement that the entire delay was unintentional. 

1. Petition fee 

I | Small entity - fee $ (37 CFR 1.1 7(m)). Applicant claims small entity status. 

See 37 CFR 1.27. 

Other than small entity - fee $ 1,500.00 (37 CFR 1 . 1 7(m)) 

2. Reply and/or fee 

A. The reply and/or fee to the above-noted Office action in 

the form of an Amendment (identify type of reply): 

| | has been filed previously on . 



0 is I 



i enclosed herewith. 
B. The issue fee of and publication fee (if required) $ 

| | has been paid previously on 

| | is enclosed herewith. 



Page 1 of 2 



01/04/Z005 HftLIil 00000057 031952 09864621 



01 FC:i 



453 1500.00 DA 



pa-942197 



PTO/SB/64 (09-04) 
Approved for use through 07/31/2006. OMB 0651-0031 
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE 
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. 



3. Terminal disclaimer with disclaimer fee 

|~x~| Since this utility/plant application was filed on or after June 8, 1995, no terminal disclaimer is required. 



□ 



A terminal disclaimer (and disclaimer fee (37 CFR 1 .20(d)) of $ for a small entity 

or $ for other than a small entity) disclaiming the required period of time 

is enclosed herewith (see PTO/SB/63). 

STATEMENT: The entire delay in filing the required reply from the due date for the required reply until the 
filing of a grantable petition under 37 CFR 1.137(b) was unintentional. [NOTE. The United States Patent 
and Trademark Office may require additional information if there is a question as to whether either the 
abandonment or the delay in filing a petition under 37 CFR 1.137(b) was unintentional (MPEP 71 1.03(c), 
subsections (lll)(C) and (D))]. 



December 30, 2004 




Date 



Carol M. Gruppi 37,341 

Typed or printed name Registration Number, if applicable 



MORRISON & FOERSTER LLP (Customer No. 25226) 
755 Page Mill Road 

Palo Alto, California 94304 (650)813-5777 

Address Telephone Number 

Enclosures: [jxj Fee Payment 
0 Reply 

| | Terminal Disclaimer Form 

| | Additional sheets containing statements establishing unintentional delay 

| | Other: '_ 



Page 2 of 2 



pa-942197 




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Approved for use through 07/31/2006. OMB 0651-0031 



Under the PapB«flK»rtJuction Act of 1995, no persons are required to res 


pond to a collection of information unless it displays a valid OMB control number. 


TRANSMITTAL 
FORM 

(to be used for ail correspondence after initial filing) 


Application Number 


09/864,621 


Filing Date 


May 23, 2001 


First Named Inventor 


H. Ralph SNODGRASS 


Art Unit 


1632 


Examiner Name 


S. Chen 


Total Number of Pages in This Submission 


16 


Attorney Docket Number 


441472000110 



ENCLOSURES (Check all that apply) 



Fee Transmittal Form + duplicate 



for fee processing (2 pages) 
| | Fee Attached 
[ x [ Amendment/Reply (1 1 pages) 



[ | After Final 



| | Affidavits/declaration(s) 
| | Extension of Time Request 



□ 
□ 



Express Abandonment Request 



Information Disclosure Statement 



j J Drawing(s) 

[ | Licensing-related Papers 

| | Petition 

□ Petition to Convert to a 
Provisional Application 

□ Power of Attorney, Revocation 
Change of Correspondence Address 

| | Terminal Disclaimer 
| | Request for Refund 
| | CD, Number of CD(s) 



□ Certified Copy of Priority 
Document(s) 

□ Response to Missing Parts/ 
Incomplete Application 

□ Response to Missing Parts 
under 37 CFR 1.52 or 1.53 



Remarks 



□ After Allowance communication 
to Technology Center (TC) 

□ Appeal Communication to Board of 
Appeals and Interferences 

□ Appeal Communication to TC 
(Appeal Notice, Brief, Reply Brief) 

| | Proprietary Information 

| | Status Letter 

HOther Enclosure(s) {please 
Identify below): 

1 . Petition for Revival of an 
Application for Patent 
Abandoned Unintentionally 
(2 pages) 

2. Return Postcard 



SIGNATURE OF APPLICANT, ATTORNEY, OR AGENT 



Firm 
or 

Individual name 



MORRISON & FOERSTER LLP (Customer No. 25226) 
CarpMvOSruppi - 37,341 




I hereby certify that this correspondence is being deposited with the U.S. Postal Service as Express Mail, Airbill No. EV332776947US, 
in an envelope addressed to: Mail Stop Petition, Commissioner for PaJejflf^P.O. Box 1450, Alexandria, VA 22313-1450, on the date 
shown below. 

Dated: December 30, 2004 Signature: 




(Georgina Matos) 



pa-9 14742 



DEC 3 0 2DDT-; 



PTO/SB/17 (12-04) 
Approved for use through 07/31/2006. OMB 0651-0032 
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE 



^Effe^ve^/t^/08/2004, 
Fees pursuant tom^iS^o^gSSaAppropriations Act, 2005 (H.R. 4818). 

FEE TRANSMITTAL 

1 mmm Lmm 1 1 X^^l 11 W 1 VI 1 1 1 mmm 

for FY 2005 


Complete if Known 


Application Number 


09/864.621 


Filing Date 


Mav23. 2001 


First Named Inventor 


H. Raich SN0DGRASS 


Examiner Name 


S. Chen 


D Applicant claims small entity status. See 37 CFR 1.27 


Art Unit 


1632 


TOTAL AMOUNT OF PAYMENT ($) 


Attorney Docket No. 


441472000110 



METHOD OF PAYMENT (check all that apply) 



□ check □ Credit Card □ Money Order □ None Other (please identify): 
E Deposit Account Deposit Account Number: 03-1952 Deposit Account Name: . 



Morrison & Foerster LLP 



For the above-identified deposit account, the Director is hereby authorized to: (check all that apply) 

l£J Charge fee(s) indicated below Charge fee(s) indicated below, except for the filing 



fee 



Charge any additional fee(s) or underpayments of fee(s) 
under 37 CFR 1.16 and 1.17 



HI 



Credit any overpayments 



WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card 
information and authorization on PTO-2038. 



FEE CALCULATION 



1. BASIC FILING, SEARCH, AND EXAMINATION FEES 

FILING FEES SEARCH FEES 



EXAMINATION FEES 



ADDlication TvDe 


FEE ($) 


Small Entitv 


Fee($) 


Small Entitv 


Fee {$) 


Small Entitv 


Fees Paid f$) 






Fee ($) 




Fee ($) 




Fee ($) 




Utility 


300 


150 


500 


250 


200 


100 


0.00 


Design 


200 


100 


100 


50 


130 


65 


0.00 


Plant 


200 


100 


300 


150 


160 


80 


0.00 


Reissue 


300 


150 


500 


250 


600 


300 


0.00 


Provisional 


200 


100 


0 


0 


0 


0 


0.00 



2. EXCESS CLAIM FEES 
Fee Description 

Each claim over 20 or, for Reissues, each claim over 20 and more than in the original patent 
Each independent claim over 3 or, for Reissues, each independent claim more than in the original patent 
Multiple dependent claims 

Total Claims Extra Claims Fee ($) Fee Paid ($) 

28 -28 0 x 50.00 = 0.00 



Fee($) 
50 
200 
360 

Multiple Dependent Claims 
Fee ($) Fee Paid ($) 

360.00 0.00 



Small Entitv 
Fee ($) 
25 
100 
180 



HP + highest number of total claims paid for, if greater than 20 
Indep. Extra Claims Fee ($) 

Claims 

2 -3 Ox 200.00 



Fee Paid ($) 

0.00 



HP + highest number of independent claims paid for, if greater than 

3 

3. APPLICATION SIZE FEE 

If the specification and drawings exceed 100 sheets of paper, the application size fee due is $250 ($125 for small 
entity) 

for each additional 50 sheets or reaction thereof. See 35 U.S.C. 41(a)(1)(G) and 37 CFR 1.1 6(s). 

Total Sheets Extra Sheets Number of each additional 50 or fraction thereof Fee ($) Fee Paid ($) 

-100= /50= (round up to a whole number) x 250.00 = 0.00 



4. OTHER FEE(S) 

Non-English Specification, $130 fee (no small entity discount) 
Other: Petition to Revive 1.1 7(m) (1453) 



$ 1.500.00 



SUBMITTED BY 




Signature 



Registration No. 
torney/Agent) 



37,341 



Telephone 



650-813-5777 



Name (Print/Type) 



pa-942320 



Carol M. Gruppi 



Date 



December 30, 2004