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FORM PTO-1390 
.•REV 11-2000) 



J017Re^CT/PTQ 2 0 JUN 2001 



U S DEPARTMENT OF COMAIERCE PATENT AND TRADEMARK OFFICE 



TRANSMITTAL LETTER TO THE UNITED STATES 
DESIGNATED/ELECTED OFFICE (DO/EO/US) 
CONCERNING A FILING UNDER 35 U.S.C. 371 



ATTORNEY'S DOCKET NUMBER 



Mo-6398/STA-154 



U.S. API J L* 



JftVfKlN WO. (If known, see 37 CFR i t 

<W668995 

To be Assigned 



INTERNATIONAL APPLICATION NO. 
PCT/EP99/09912 



INTERNATIONAL FILING DATE 
14 December 1999 (14.12.99) 



PRIORITY DATE CLAIMED 
24 December 1998 (24.12.98) 



TITLE OF INVENTION NICKEL MIXED HYDROXIDE, METHOD FOR PRODUCING THE SAME, AND THE 
USE THEREOF AS A CATHODE MATERIAL IN ALKALINE BATTERIES 



APPLICANT(S) FOR DO/EO/US 1) Viktor Stoller; 2) Armin Olbrich; 3) Juliane Meese-Marktscheffel; 
4) Margret Wohlfahrt-Mehrens; 5) Peter Axmann; 6) Herbert Dittrich; 7) Michael Kasper; 8) Sandra Strobele 



n 
g 



Applicant herewith submits to the United States Designated/Elected Office (DO/EO/US) the following items and other information: 

1 . [xl This is a FIRST submission of items concerning a filing under 35 U.S.C. 371. 

2. n This is a SECOND or SUBSEQUENT submission of items concerning a filing under 35 U.S.C. 371. 

3.1x1 This is an express request to begin national examination procedures (35 U.S.C. 371(0)- The submission must include 

items (5), (6), (9) and (21) indicated below. 
4.0 The US has been elected by the expiration of 19 months from the priority date (Article 31). 
5. A copy of the International Application as filed (35 U.S.C. 371(c)(2)) 

a. [xl is attached hereto (required only if not communicated by the International Bureau), 
r b. ^] has been communicated by the International Bureau. 

c - CD ' s not required, as the application was filed in the United States Receiving Office (RO/US). 
An English language translation of the International Application as filed (35 U.S.C. 371(c)(2)). 

a. \x\ is attached hereto. 

b. n nas Deen previously submitted under 35 U.S.C. 154(d)(4). 

Amendments to the claims of the International Aplication under PCT Article 19 (35 U.S.C. 371(c)(3)) 

a. □ 

are attached hereto (required only if not communicated by the International Bureau). 

b. have been communicated by the International Bureau. 

c. Q have not been made; however, the time limit for making such amendments has NOT expired. 

d. have not been made and will not be made. 

8. Q An English language translation of the amendments to the claims under PCT Article 19 (35 U.S.C. 371 (c)(3)). 

9. fxl An oath or declaration of the inventor(s) (35 U.S.C. 371(c)(4)). 

10 CD An English lanugage translation of the annexes of the International Preliminary Examination Report under PCT 
Article 36 (35 U.S.C. 371(c)(5)). 

Items 11 to 20 below concern document(s) or information included: 
!].□ An Information Disclosure Statement under 37 CFR 1.97 and 1.98. 

An assignment document for recording. A separate cover sheet in compliance with 37 CFR 3.28 and 3.31 is included. 
A FIRST preliminary amendment. 

A SECOND or SUBSEQUENT preliminary amendment. 
A substitute specification. 

A change of power of attorney and/or address letter. 

A computer-readable form of the sequence listing in accordance with PCT Rule 13ter.2 and 35 U.S.C. 1.821 - 1.825. 
A second copy of the published international application under 35 U.S.C. 154(d)(4). 



12.123 

13. m 

14. □ 

ISO 
I6.Q 

"O 
18 [X| 

19. D 

20. [Xl 



A second copy of the English language translation^ofJHe^internationarappIication under 35 U.S.C. 154(d)(4). 
Other items or information: 



Preliminary Amendment w/ Abstract; PTO Form 1449 and references listed therein; 
5 pages of drawings containing Figs. 1-7 



page I of 2 



U S. AJ'PUfi 

To be 



JC18 Bfifi'd PCT/PTO 2 0 JUN 2001 



JTERNATIONAL APPLICATION NO 

PCT/EP99/09912 



3^ 



ATTORNEY'S DOCKET NUMRER 

Mo-6398/STA 154 



21. [2 The following fees are submitted: 

BASIC NATIONAL FEE (37 CFR 1.492 (a) (1) - (5)): 

Neither international preliminary examination fee (37 CFR 1.482) 
nor international search fee (37 CFR 1 .445(a (2)) paid to USPTO 

and International Search Report not prepared by the EPO or JPO $1000.00 

International preliminary examination fee (37 CFR 1.482) not paid to 

USPTO but International Search Report prepared by the EPO or JPO $860.00 

International preliminary examination fee (37 CFR 1.482) not paid to USPTO 

but international search fee (37 CFR 1.445(a)(2)) paid to USPTO $710.00 

International preliminary examination fee (37 CFR 1.482) paid to USPTO 

but all claims did not satisfy provisions of PCT Article 33(f)-(4) $690.00 

International preliminary examination fee (37 CFR 1.482) paid to USPTO 

and all claims satisfied provisions of PCT Article 33(1 )-(4) $100.00 

ENTER APPROPRIATE BASIC FEE AMOUNT - 



Surcharge of $130.00 for furnishing the oath or declaration later than F~\ 20 f~| 30 
months from the earliest claimed priority date (37 CFR 1.492(e)). 



CALCULATIONS PTO USE ONLY 



860.00 



CLAIMS 



NUMBER FILED 



NUMBER EXTRA 



RATE 



Total claims 



13 



-20 = 



0 



x $18.00 



0.00 



\ ^dependent claims 



-3 = 



x $80.00 



0.00 



MULTIPLE DEPENDENT CLAIM(S) (if applicable) 



+ $270.00 



0.00 



TOTAL OF ABOVE CALCULATIONS = 



860.00 



J~] Applicant claims small entity status. See 37 CFR 1.27. The fees indicated above 
13 are reduced by 1/2. 



+ 



0.00 



SUBTOTAL = 



[Processing fee of $130.00 for furnishing the English translation later than □ 20 PI 30 
months from the earliest claimed priority date (37 CFR 1.492(0). 



mm 



TOTAL NATIONAL FEE = 



S60 00 



iFee for recording the enclosed assignment (37 CFR 1.21(h)). The assignment must be 
r J accompanied by an appropriate cover sheet (37 CFR 3.28, 3.31). $40.00 per property + 



40.00 



TOTAL FEES ENCLOSED = 



^nn no 



Amount to be 
refunded: 



charged: 



a. P] A check in the amount of $ 



Please charge my Deposit Account No. 13-3848 
A duplicate copy of this sheet is enclosed. 



.to cover the above fees is enclosed, 
_ in the amount of $900.00 



to cover the above fees. 



c. [xl The Commissioner is hereby authorized to charge any additional fees which may be required, or credit any 

overpayment to Deposit Account No. 13-3848 A duplicate copy of this sheet is enclosed. 

d. □ Fees are to be charged to a credit card. WARNING: Information on this form may become public. Credit car 

information should not be included on this form. Provide credit card information and authorization on PTO-2 



d 

038. 



NOTE: Where an appropriate time limit under 37 CFR 1.494 or 1.495 has not 
1.137 (a) or (b)) must be filed and granted to restore the application to pendi 

SEND ALL CORRESPONDENCE TO: 

Diderico van Eyl 
Bayer Corporation 
Patent Department ' 
100 Bayer Road 
Pittsburgh, PA 15205-9741 
USA 



revive (37 CFR 




00157 

PATENT TRADEMARK OFFICE 




NAME 

38,641 



REGISTRATION NUMBER 



FORM PTO-I3W (REV l)-20OO> pa B e 2 of 2