`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND
`DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`March 6, 2017
`
`BRINKS GILSON & LIONE
`201 NORTH ILLINOIS STREET
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`CAPITAL CENTER, SUITE 1100
`INDIANAPOLIS, IN 46204-4220
`US
`
`Dear Sir/Madam,
`
`Your refund request for 15159457 in the amount of $140.00 has been denied.
`
`The inventor ship of a no provisional application under 35 U.S.C. 111(a) is the inventor orjoint inventors
`set forth in the application data sheet in accordance with § 1.76 filed before or concurrently with the
`inventor's oath or declaration. If an application data sheet is not filed before or concurrently with the
`inventor's oath or declaration, the inventor ship is the inventor or joint inventors set forth in the inventor's
`oath or declaration, except as provided for in §§ 1.53(d)(4) and 1.63(d). Once an application data sheet or
`the inventor's oath or declaration is filed in a no provisional application, any correction of inventor ship
`must be pursuant to § 1.48.
`
`Thus, the inventor ship and the inventor names are taken from the ADS if it is filed before or with the
`executed declaration(s). Any changes to inventor ship or the names of the inventors must be made by
`filing a request under 37 CFR 1.48.
`
`37 CFR 1.48(f) provides for corrections to the name of an inventor (such as changing to a married name,
`changing a nickname to a full name, or a legal name change), typographical or transliteration, or to the
`order of inventors.
`
`The surcharge under 37 CFR 1.16(f) for the late filing of the oath or declaration was required. The
`surcharge was charged to counsel’s deposit account in accordance with the authorization to charge any
`additional fees required under 37 CFR 1.16 that was included on filing of the application. While the
`inventor's oath or declaration may be postponed until the application is otherwise in condition for
`allowance in accordance with amended 37 CFR 1.53(f) (effective September 16, 2012 for applications
`filed on or after September 16, 2012), the surcharge under 37 CFR 1.16(f) must be paid on filing or in
`response to a notice to file missing parts if the inventor's oath or declaration is not included with the
`application on filing. See “Changes to Implement the Inventor’s Oath or Declaration Provisions of the
`Leahy-Smith America Invents Act,” 77 FR 48775, 48787 (August 14, 2012).
`
`W’ rlene
`
`y n
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`OPAP
`703-756-1148
`
`PO. Box 1450, Alexandria, Virginia 22313-1450 wawuspTocov
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