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Full text of "USPTO Patents Application 09864621"

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United States Patent and Trademark Office 



Commissioner for Patents 
United States Patent and Trademark Office 
P.O. Box 1450 
Alexandria, VA 22313-1450 

www.uapto.gov 

oiw(n-05 



MORRISON & FOERSTER LLP 

755 PAGE MILL RD 

PALO ALTO CA 94304-1018 

COPY MAILED 

FEB 1 7 2005 
OFFICE OF PETITIONS 

In re Application of : 
H. Ralph Snodgrass : 

Application No. 09/864,621 ON PETITION 

Filed: 23 May, 2001 : 
Atty Docket No. 441472000110 : 

This is a decision on the petition under 37 CFR 1.137(b),^ filed 
on 30 December, 2004, to revive the above-identified application. 

The petition is GRANTED . 

This application became abandoned on 25 March, 2004, for failure 
to file a timely reply to the non-final Office action mailed on 
24 December, 2003,, which set a three (3) month shortened 



Effective December 1, 1997, the provisions of 37 CFR 1.137(b) now provide that 
where the delay in reply was unintentional, a petition may be filed to revive an 
abandoned application or a lapsed patent pursuant to 37 CFR 1.137(b). A qrantable 
petition filed under the provisions of 37 CFR 1.137(b) must be accompanied by: 

(1) the required reply, unless previously filed. In a nonprovisional 
application abandoned for failure to prosecute, the required reply may be met by the 
filing of a continuing application. In a nonprovisional application filed on or after 
June 8, 1995, and abandoned for failure to prosecute, the required reply may also be 
met by the filing of a request for continued examination in compliance with § 1.114. 
In an application or patent, abandoned or lapsed for failure to pay the issue fee or 
any portion thereof, the required reply must be the payment of the issue fee or any 
outstanding balance thereof. In an application abandoned for failure to pay the 
publication fee, the required reply must include payment of the publication fee. 

(2) the petition fee as set forth in 37 CFR 1.17 (m); 

(3) a statement that the entire delay in filing the required reply from the due 
date for the reply until the filing of a grantable petition pursuant to 37 CFR 
1.137(b) was unintentional. The Commissioner may required additional information where 
there is a question whether the delay was unintentional; and 

(4) any terminal disclaimer (and fee as set forth in 37 CFR 1.20(d)) required 
pursuant to 37 CFR 1.137(c)). 



Application No. 09/864,621 



2 



statutory period for reply. No extensions of the time for reply 
in accordance with 37 CFR 1.136(a) were obtained. Notice of 
Abandonment was mailed on 28 September, 2004. 

Petitioner has filed an amendment as the required reply. 

The application is being forwarded to Technology Center Art Unit 
1632 for further processing. 

Telephone inquiries concerning this matter may be directed to the 
undersigned at (571)272-3231. 




Douglas I . Wood 

Senior Petitions Attorney 

Office of Petitions