throbber

`
`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)
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket