`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`HUNTON & WILLIAMS LLP
`
`
`
`
`
`INTELLECTUAL PROPERTY DEPARTMENT
`
`1900 K STREET, N.W.
`SUITE 1200
`WASHINGTON, DC 20006-1109
`
`
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`
`Mail Date: 04/21/2010
`
`
`
`DECISION ON REQUEST FOR
`
`RECALCULATION of PATENT
`
`TERM ADJUSTMENT IN VIEW
`OF WYETH
`
`
`
`
`
`
`
`Applicant
`Patent Number
`Issue Date
`Appliction No
`Filed
`
`
`MARC BOOKMAN
`7672985
`03/02/2010
`11/554, 241
`10/30/2006
`
`The Patentee's Request for Recalculation is DISMISSED.
`
`This Request
`reasons:
`
`is deemed ineligible for consideration for one or more of
`
`the following
`
`
`
`
`(A).
`for which PTA recalculation is requested is either a design or reissue
`The patent
`
`application or is a reexamination proceeding;
`
`
`(B). The
`patent for which PTA recalculation is requested resulted from a uti
`
`2000
`and no CPA filed
`35 usc
`111 (a) before May 29,
`application filed under
`application on/after May 29, 2000;
`
`
`for which PTA recalcu
`(C). The patent
`lation is requested resulted from an 1
`application in which the international
`filing date was before May 29,
`2000;
`filed in the application on/after May 29,
`
`in the
`
`nternational
`and no CPA
`
`2000 ity or plant
`
`
`is requested issued on/after Marc
`
`h 2,
`
`2010;
`
`
`
`for Recalculation was filed more than 180 days after the grant date of
`(BE). The Request
`he patent and the request was not filed within two months of a dismissal of a request
`or reconsiderati
`1on of the of the patent term under 37 CFR 1.705 (d);
`
`t f
`
`(D). The patent
`
`for which PTA recalculation
`
`Recalculation
`for
`The Request
`(F).
`154 (b) (2) (A);
`interpretation of 35 U.S.C.
`or
`
`(G). A civil action was
`filed pursuant
`patent at issue in this request.
`Pa
`
`
`
`is
`
`not
`
`solely
`
`limited
`
`to
`
`USPTO
`
`pre-Wyeth
`
`to 35 U.S.C.
`
`154 (b) (4) (A) concerning the
`
`Same
`
`
`
`Pa de
`
`for Recalculation.
`reply to this decision dismissing the Request
`a
`le
`fil
`tentee may
`Patentee must file such reply within one month or thirty days, whichever
`is longer, of
`the mail date of
`the decision dismissing the Request
`for Recalculation. No
`fee is
`required if patentee is asserting in the reply that
`the dismissal
`for
`ineligibility is
`improper.
`
`code
`Patentee should use document
`
`dismissa
`If the USPTO finds that
`USPTO will mail applicant a
`hat
`tentee should be aware t
`to review in the United
`ight
`to preserve the ri
`in order
`States District Court
`for
`the District of Columbia of
`the
`USPTO patent
`ensure that he or she also tak
`th
`termination,
`patentee must
`steps required under 35
`should be construed as
`154 (b) (4) (A).
`in the request
`for
`recalculation
`154
`action under 35 U.S.C.
`providing an alternative time frame for commencing a civil
`(b) (4) (A).
`
`
`reply to this
`if electronically filing a
`PET.OP
`the request was
`improperly deemed ineligible,
`the
`
`
`
`Nothing reca lculation determination.
`
`
`
`
`
`
`
`
`
`term adjustment
`
`
`
`U.S.C.
`
`
`
`
`
`
`
`
`
`PTOL-549D (04/10)
`
`