Chapter   1000  Matters Decided by Various Patent and Trademark Office
Officials
---SECTION---1001 Statutory Authority of Commissioner

35 U.S.C. 3 Officers and employees.

(a) There shall be in the Patent and Trademark Office a Commissioner of
Patents and Trademarks, a Deputy Commissioner, two Assistant
Commissioners and examiners-in-chief appointed under section 7 of this
title. The Deputy Commissioner, or, in the event of a vacancy in that
office, the Assistant Commissioner senior in date of appointment, shall
fill the office of Commissioner during a vacancy in that office until
the Commissioner is appointed and takes office. The Commissioner of
Patents and Trademarks, the Deputy Commissioner, and the Assistant
Commissioners shall be appointed by the President, by and with the
advice and consent of the Senate. The Secretary of Commerce, upon the
nomination of the Commissioner, in accordance with law, shall appoint
all other officers and employees.

(b) The Secretary of Commerce may vest in himself the functions of the
Patent and Trademark Office and its officers and employees specified in
this title and may from time to time authorize their performance by any
other officer or employee.

(c) The Secretary of Commerce is authorized to fix the per annum rate of
basic compensation of each examiner-in-chief in the Patent and Trademark
Office at not in excess of the maximum scheduled rate provided for
positions in grade 17 of the General Schedule of the Classification Act
of 1949, as amended.

(d) The Commissioner of Patents and Trademarks shall be an Assistant
Secretary of Commerce and shall receive compensation at the rate
prescribed by law for Assistant Secretaries of Commerce.

(e) The members of the Trademark Trial and Appeal Board of the Patent
and Trademark Office shall each be paid at a rate not to exceed the
maximum rate of basic pay payable for GS-16 of the General Schedule
under section 5332 of title 5.

35 U.S.C. 6 Duties of Commissioner.

(a) The Commissioner, under the direction of the Secretary of Commerce,
shall superintend or perform all duties required by law respecting the
granting and issuing of patents and the registration of trademarks;
shall have the authority to carry on studies, programs or exchanges of
items or services regarding domestic and international patent and
trademark law or the administration of the Patent and Trademark Office,
including programs to recognize, identify, assess and forecast the
technology of patented inventions and their utility to industry; and
shall have charge of property belonging to the Patent and Trademark
Office. He may, subject to the approval of the Secretary of Commerce,
establish regulations, not inconsistent with law, for the conduct of
proceedings in the Patent and Trademark Office.

(b) The Commissioner, under the direction of the Secretary of Commerce,
may, in coordination with the Department of State, carry on programs and
studies cooperatively with foreign patent offices and international
intergovernmental organizations, or may authorize such programs and
studies to be carried on, in connection with the performance of duties
stated in subsection (a) of this section.

(c) The Commissioner, under the direction of the Secretary of Commerce,
may, with the concurrence of the Secretary of State, transfer funds
appropriated to the Patent and Trademark Office, not to exceed $100,000
in any year, to the Department of State for the purpose of making
special payments to international intergovernmental organizations for
studies and programs for advancing international cooperation concerning
patents, trademarks, and related matters. These special payments may be
in addition to any other payments or contributions to the international
organization and shall not be subject to any limitations imposed by law
on the amounts of such other payments or contributions by the Government
of the United States.

37 CFR 1.351 Amendments to rules will be published.

All amendments to the regulations in this part will be published in the
Official Gazette and in the   Federal Register.

---SECTION---1001.01 Modes of Exercising Authority 

The Commissioner's authority to review and supervise the work of the
Office is exercised by the promul gation of the Rules of Practice;
issuance of orders, notices and memoranda stating Office policies and
modes for effectuating these policies; decisions on petitions by
applicants; and by the designation of particular cases which must be
submitted to the Commissioner or other officials authorized by the
Commissioner. The present Chapter deals with the latter two items.

37 CFR 1.181(g) states, "The Commissioner may delegate to appropriate
Patent and Trademark Office officials the determination of petitions."

The various delegations to various Office officials are set forth in
this Chapter.

The delegations set forth in this Chapter do not confer a right to have
a matter decided by a specific Office official, rather, such delegations
aid in the efficient treatment of petitions by the Office.  A delegation
of supervisory or higher level review authority over a matter carries
with it the authority to decide the matter ab initio.

---SECTION---1002 Petitions to the Commissioner

37 CFR 1.181 Petition to the Commissioner.

(a) Petition may be taken to the Commissioner: (1) from any action or
requirement of any examiner in the ex parte prosecution of an
application which is not subject to appeal to the Board of Patent
Appeals and Interferences or to the court; (2) in cases in which a
statute or the rules specify that the matter is to be determined
directly by or reviewed by the Commissioner; and (3) to invoke the
supervisory authority of the Commissioner in appropriate circumstances.
For petitions in interferences, see Section  1.644.

(b) Any such petition must contain a statement of the facts involved and
the point or points to be reviewed and the action requested. Briefs or
memoranda, if any, in support thereof should accompany or be embodied in
the petition; and where facts are to be proven, the proof in the form of
affidavits or declarations (and exhibits, if any) must accompany the
petition.

(c) When a petition is taken from an action or requirement of an
examiner in the ex parte prosecution of an application, it may be
required that there have been a proper request for reconsideration
(Section  1.111) and a repeated action by the examiner. The examiner may
be directed by the Commissioner to furnish a written statement, within a
specified time, setting forth the reasons for his decision upon the
matters averred in the petition, supplying a copy thereof to the
petitioner.

(d) Where a fee is required for a petition to the Commissioner the
appropriate section of this part will so indicate. If any required fee
does not accompany the petition, the petition will be dismissed.

(e) Oral hearings will not be granted except when considered necessary
by the Commissioner.

(f) Except as otherwise provided in these rules, any such petition not
filed within 2 months from the action complained of, may be dismissed as
untimely. The mere filing of a petition will not stay the period for
reply to an Examiner's action which may be running against an
application, nor act as a stay of other proceedings.

(g) The Commissioner may delegate to appropriate Patent and Trademark
Office officials the determination of petitions.

37 CFR 1.182 Questions not specifically provided for.

All situations not specifically provided for in the regulations of this
part will be decided in accordance with the merits of each situation by
or under the authority of the Commissioner, subject to such other
requirements as may be imposed, and such decision will be communicated
to the interested parties in writing. Any petition seeking a decision
under this section must be accompanied by the petition fee set forth in
Section  1.17(h).

37 CFR 1.183 Suspension of rules.

In an extraordinary situation, when justice requires, any requirement of
the regulations in this part which is not a requirement of the statutes
may be suspended or waived by the Commissioner or the Commissioner's
designee, sua sponte, or on petition of the interested party, subject to
such other requirements as may be imposed. Any petition under this
section must be accompanied by the petition fee set forth in Section 
1.17(h).

Petitions on appealable matters ordinarily are not entertained.  See
MPEP Section  1201.

The mere filing of a petition will not stay the period for replying to
an examiner's action which may be running against an application, nor
act as a stay of other proceedings (37 CFR 1.181(f)).  For example, if a
petition to vacate a final rejection as premature is filed within 2
months from the date of the final rejection, the period for reply to the
final rejection is not extended even if the petition is not reached for
decision within that period.  However, if the petition is granted and
the applicant has filed an otherwise full reply to the rejection within
the period for reply, the case is not abandoned.

37 CFR 1.181(f) provides that any petition under that rule which is not
filed "within 2 months from the action complained of may be dismissed as
untimely."  Often, the "action complained of," for example, a
requirement for a new drawing, is included in the same letter as an
action on the merits of the claims, the latter having a 3-month period
for reply. Under such circumstances, if applicant requests
reconsideration, under  37 CFR 1.111(b), of the requirement for a new
drawing, the examiner's action on this request, if adverse, establishes
the beginning of the 2-month period for filing the petition. The
petition must be filed within this period even though the period for
reply to the rejection of the claims may extend beyond the 2-month
period. The 2-month period is not extendible under  37 CFR 1.136(a)
since the time is within the discretion of the Commissioner.

Form Paragraph 7.99 may be used where an insufficient fee was filed with
a petition.

7.99 Petition Dismissed, Proper Fee Not Submitted

Applicant's petition under 37 CFR [1] filed [2] is DISMISSED because the
proper petition fee of   [3] required under  37 CFR 1.17 has not been
submitted.

Examiner Note:

1. Petitions under  37 CFR 1.48 for correcting inventorship require a
fee as set forth in  37 CFR 1.17(i).

2. Petitions to suspend action under  37 CFR 1.103, to withdraw an
application from issue under  37 CFR 1.313, and for consideration of an
amendment under  37 CFR 1.312 after payment of the issue fee, require a
fee as set forth in  37 CFR 1.17(i).

3. Petitions for an extension of time under  37 CFR 1.136(a) require
varying fees.  See  37 CFR 1.17(a)(1)-(5).

---SECTION---1002.01 Procedure

Petitions, together with the respective application files, are sent to
the official having the delegated authority to decide the petition.  The
petition may be referred to the examiner for a formal statement under 
37 CFR 1.181(c) or for an informal memorandum. See MPEP Section 
711.03(d).

Where a formal statement under  37 CFR 1.181(c) is made, a copy thereof
is mailed to the petitioner by the examiner unless the examiner is
otherwise directed, and the application file and petition, accompanied
by the original copy of his or her statement, are returned to the
official handling the petition.  If an informal memorandum is requested,
no copy thereof is mailed to the petitioner by the examiner.

After the decision has been rendered, the decision is entered on the
"Contents" of the application file wrapper which is then returned to the
primary examiner, who will act in accordance with the decision.

---SECTION---1002.02 Delegation of Authority To Decide Petitions

Petitions to the Commissioner are decided in accordance with the
following delegation of authority.

In any case in which the authority to decide the petition has been
delegated as indicated in MPEP Section Section  1002.02 (b), (f), (g),
(j) and (o), a denial of a petition may be viewed as a final agency
decision. A dismissal of a petition, a denial of a petition without
prejudice, and other interlocutory orders are not final agency
decisions.

In accordance with  37 CFR 1.181(g), the authority to decide petitions
to the Commissioner, not otherwise delegated, has been delegated to
various Office officials. Generally, these officials will decide
petitions as specified in the following sections for the effective
operation of the Office. Also listed are certain petitions which are
not, strictly speaking, to the Commissioner but have been committed by
statute or rule to the designated officials.

The delegation of specific petitions and/or matters identified in the
sections below to personnel within the Patent Examining Groups is at the
discretion of the Group Director. Any petition and/or matter so
delegated may be decided by the Group Director.

Authority not herein delegated has been reserved to the Commissioner and
may be delegated to appropriate officials on an ad hoc basis.

---SECTION---1002.02(b) Petitions and Requests Decided in the Office of
Petitions

All petitions decided by the Special Program Law Office and the Office
of Petitions, and inquiries relating thereto, should be directed to "Box
DAC, Assistant Commissioner for Patents, Crystal Park One, Suite 520,
Washington, DC 20231."

1. Petitions to revive an abandoned national, nonprovisional or
provisional patent application,  37 CFR 1.137 (both unavoidable delay
and unintentional delay),  MPEP Section  711.03(c).

2. Petitions under  37 CFR 1.183 for waiver or suspension of rules not
otherwise provided for.

3. Petitions to invoke the supervisory authority of the Commissioner
under  37 CFR 1.181 in matters not otherwise provided for.

4. Petitions for acceptance of late priority papers in patent
applications,  37 CFR 1.55,  MPEP Section Section  201.14 (a) and (c).

5. Petitions for deferment of issuance of patents,  37 CFR 1.314,  MPEP
Section  1306.01.

6. Petitions for express abandonment of patent applications after
payment of the issue fee,  MPEP Section  711.01.

7. Petitions relating to assignments and issuance of patents not
otherwise provided for.

8. Petitions relating to public use proceedings,  37 CFR 1.292.

9. Petitions for the withdrawal of attorney under  37 CFR 1.36 in patent
applications involved in proceedings before the Office of the Deputy
Assistant Commissioner for Patent Policy and Projects.

10. Petitions under  37 CFR 1.182 in matters not otherwise provided for.

11. Requests by the examiner to the Board of Patent Appeals and
Interferences for reconsideration of a decision,  MPEP Section  1214.04.

12. Petitions to review refusal to accept and record maintenance fee
payment filed prior to the expiration of a patent,  37 CFR 1.377,  MPEP
Section  2580.

13. Petitions to accept delayed payment of maintenance fee in an expired
patent,  37 CFR 1.378,  MPEP Section  2590.

14. Petitions to issue patent in name of the assignee recorded after
payment of the issue fee,  37 CFR 3.81(b).

15. Petitions to review decision of Group Director,  37 CFR 1.181.

16. Petitions to withdraw a holding of abandonment not otherwise
delegated,  37 CFR 1.181.

17. Requests to order a Commissioner initiated reexamination proceeding, 
37 CFR 1.520.

18. Petitions to accept late papers in a reexamination proceeding
because of unavoidable delay,  35 U.S.C. 133.

19. Petitions for access to patent applications under  37 CFR 1.14 with
the exception of applications involved in or related to a proceeding
before the Board of Patent Appeals and Interferences,  MPEP Section 
103,  Section  104, and Section  1901.05.

20. Petitions relating to reexamination proceedings under  37 CFR 1.182
and 1.183.

21. Petitions for acceptance of national applications without
participation of one or more inventors under  37 CFR 1.47,  MPEP Section 
409.03.

22. Petitions relating to patent term extension  37 CFR 1.710-1.785.

23. Petitions relating to the filing date of patent applications under 
37 CFR 1.53 and former  37 CFR 1.60 and 1.62,  MPEP Section  506.

24. Petitions relating to filing and/or issuance of divisional reissue
applications,  37 CFR 1.177,  MPEP Section  1451.

25. Petitions under  37 CFR 1.181 to review a determination of the
length of the patent term extension under  37 CFR 1.701.

26. Petitions to convert a nonprovisional application filed under  37
CFR 1.53(b) to a provisional application under  37 CFR 1.53(c) where the
nonprovisional application is before the Office of Petitions or the
Special Program Law Office.

27. Petitions for extensions of time under  37 CFR 1.136(b) in
applications before the Office of Petitions or the Special Program Law
Office.

---SECTION---1002.02(c) Petitions and Requests Decided by the Group
Directors

1. Petitions or requests to reopen prosecution of patent applications
after decision by the Board of Patent Appeals and Interferences under 
37 CFR 1.198, where no court action has been filed,  MPEP Section 
1214.04 and Section  1214.07.

2. Petitions from a final decision of examiner requiring restriction in
patent applications,  37 CFR 1.144,  MPEP Section  818.03(c), or holding
lack of unity of invention in an international application.

3. Petitions invoking the supervisory authority of the Commissioner
under  37 CFR 1.181 involving any ex parte action or requirement in a
patent application by the examiner which is not subject to appeal (37
CFR 1.191) and not otherwise provided for, as for example:

(a) prematureness of final rejection,  MPEP Section  706.07(c);

(b) refusal to enter an amendment,  37 CFR 1.127,  MPEP Section  714.19;

(c) holding of abandonment,  MPEP Section  711.03(c);

(d) requirement to cancel "new matter" from specification,  MPEP Section 
608.04(c);

(e) relative to formal sufficiency and propriety of affidavits under  37
CFR 1.131 (MPEP Section  715.08), 1.132 (MPEP Section  716) and 1.608, 
MPEP Section  2308 -  Section  2308.02;

(f) refusal to initiate an interference under  37 CFR 1.601(i),  MPEP
Section  2306;

(g) refusal to enter an amendment under  37 CFR 1.312,  MPEP Section 
714.16(d);

(h)resetting period for reply,  MPEP Section  710.06.

4. Petitions under  37 CFR 1.113 relating to objections or requirements
made by the examiners.

5. Petitions for return of original oaths of patent applications,  MPEP
Section  604.04(a).

6. Requests for extensions of a set shortened statutory period under  37
CFR 1.136(b) in applications pending in the examining group,  MPEP
Section  710.02(e).

7. Petitions under  37 CFR 1.193(a) relating to the form of the appeal.

8. Petitions concerning appealed patent applications before transfer of
jurisdiction to the Board of Patent Appeals and Interferences (e.g.,
extension of time under  37 CFR 1.136(b) for filing an appeal brief), 
MPEP Section  1206.

9. Request by applicant for a second or subsequent suspension of action
in patent applications under  37 CFR 1.103,  MPEP Section  709.

10. Petitions from refusal to issue a Certificate of Correction for a
patent not involved in an interference,  37 CFR 1.181,  MPEP Section 
1480 -  Section  1485.

11. Petitions to reinstate appeals dismissed in the group.

12. Petitions from the denial of a request for reexamination,  37 CFR
1.515,  MPEP Section  2248.

13. Requests for extension of time in reexamination proceedings pending
in the examining group,  37 CFR 1.550 (c).

14. Petitions under  37 CFR 1.129(b)(2) traversing a restriction
requirement made in an application which is subject to the transitional
restriction provisions,  MPEP Section  803.03.

15. Petitions to convert a nonprovisional application filed under  37
CFR 1.53(b) to a provisional application under  37 CFR 1.53(c) where the
nonprovisional application is before the Examining Group.

16. Requests for interviews with examiner after a patent application has
been sent to issue (Notice of Allowability mailed),  MPEP Section 
713.10, or after transfer of jurisdiction to the Board of Patent Appeals
and Interferences.

17. Petitions to expunge papers from patent application files or patent
files,  37 CFR 1.59.

18. Petitions to withdraw patent applications from issue before payment
of the issue fee,  37 CFR 1.313(a).

The examining groups should use Form Paragraph 10.01 to notify applicant
that the application is withdrawn from issue where the issue fee has not
been paid and should use Form Paragraph 10.02 when preparing a paper to
request withdrawal of an application from issue after payment of the
issue fee.

10.01 Withdrawal From Issue, Fee Not Paid

Paper No. [1]

In re Application of   [2]:

Appl. No.: [3]::  WITHDRAWAL FROM ISSUE

Filed:   [4]  :  	 37 CFR 1.313

For:   [5]:

The purpose of this communication is to inform you that the above
identified application is being withdrawn from issue pursuant to  37 CFR
1.313.

The application is being withdrawn to permit reopening of prosecution. 
The reasons therefor will be communicated to you by the examiner.

Patent and Trademark Office records reveal that the issue fee has not
been paid.  If the issue fee has been submitted, the applicant may
request a refund, or may request that the fee be credited to a deposit
account.  However, applicant may wait until the application is either
again found allowable or held abandoned.  If the application is allowed,
upon receipt of a new Notice of Allowance and Issue Fee Due, applicant
may request that the previously submitted issue fee be applied toward
payment of the issue fee in the amount identified on the new Notice of
Allowance and Issue Fee Due.  If the application is abandoned, applicant
may request either a refund or a credit to a specified Deposit Account.

The application is being forwarded to the examiner for action.

______________________

[  6]

Director,

Patent Examining Group [7]

[  8]

Examiner Note:

1. This letter is printed with the PTO letterhead and must be signed by
the Group Director.

2. Do NOT use this form letter if the issue fee has been paid.  Use form
paragraph 10.02 if the issue fee has been paid.

3. In bracket 8, insert the correspondence address of record.

10.02 Withdrawal From Issue, Fee Has Been Paid

MEMORANDUM

Date:   [1]

From: Director, Group   [2]

To: Director, Office of Patent Publication

Applicant:   [3]

Issue Fee Paid Date:   [4]

Application No.:   [5]

Filed:   [6]

Issue Date (if assigned):   [7]

Patent No.(if assigned): [8]

Title:   [9]

It is requested that the above-identified application be withdrawn from
issue for the following purpose:   [10].

The issue fee has been paid.  It is requested that this application be
withdrawn from issue under  37 CFR 1.313 and returned to the
jurisdiction of Examining Group [11].

The examiner is authorized and directed to take prompt appropriate
action on this case including notifying applicant of the new status of
this application immediately upon return of this application to the
Group.

______________________

[  12]

Director,

Patent Examining Group [13]

Examiner Note:

This memorandum is printed with the PTO letterhead.  It must be signed
by the Group Director and forwarded to the Office of Patent Publication
to have the application formally removed from the issue process.  The
most frequently used entry for item [10] is "to re-open prosecution." If
uncertainty exists as to whether prosecution will in fact be re-opened,
the uncertainty should be resolved before withdrawal from issue is
requested.

The following procedure must be followed when the Group Director decides
to withdraw an application from issue before payment of the issue fee:

i. The CRT Screen on PALM or Revenue Accounting Management (RAM) may be
used to determine if the issue fee has been paid.

ii. If the issue fee has been paid, a memo to the Office of Patent
Publication is required. (See Form Paragraph 10.02 above.)

iii. If the issue fee has not been paid, and the deadline for payment
has not expired, the Group Director must mail a "Withdrawal from Issue"
letter to the applicant to effectuate the withdrawal from issue. (See
Form Paragraph 10.01 above.) A copy of the "Withdrawal from Issue"
letter should be sent to the Office of Patent Publication. After a
"Withdrawal from Issue" letter is mailed by the examining group, the
examining group must:

a. Cross out the batch number on the face of the file wrapper;

b. Cross out the date mailed for the "Notice of Allowance" on the face
of the file wrapper and write or stamp "WITHDRAWN";

c. Change the status of the application to status code 066 (Previous
Action Withdrawn - Awaiting Further Action); and

d. Forward the file to the examiner for prompt action.

The processing will be done in the Examining Group without the need to
send the application to Publishing Division.

---SECTION---1002.02(c)(1) Petitions Decided by the Group Director of
Group 3640

In addition to the items delegated to all Group Directors under MPEP
Section  1002.02(c), authority to decide the following is delegated to
the Group Director of Group 3640:

1. All petitions filed under  35 U.S.C. 267 to extend the time for
taking action in United States-owned applications wherein the invention
is important to the armament or defense of the United States.

2. All petitions under  37 CFR 1.103(c) to suspend action in United
States-owned applications wherein the publication of the invention might
be detrimental to the public safety or defense.

Any petitions filed under  35 U.S.C. 267 and/or  37 CFR 1.103(c) in any
area of the Office must be forwarded to the Director of Group 3640 for
decision thereon.

3. Petitions under  37 CFR 5.12(a) for foreign license to file patent
applications in foreign countries,  MPEP Section  140.

4. Petitions for rescission of secrecy order,  37 CFR 5.4,  MPEP Section 
120.

5. Petitions to permit disclosure of subject matter under a secrecy
order,  37 CFR 5.5(b),  MPEP Section  120.

6. Petitions for modification of secrecy order,  37 CFR 5.5(c),  MPEP
Section  120.

7. Petitions for retroactive foreign filing license,  37 CFR 5.25,  MPEP
Section  140.

8. Petitions relating to refusal of request for publication of a
Statutory Invention Registration,  37 CFR 1.295,  MPEP Section  1105.

9. Petitions relating to request for withdrawal of request for
publication of a Statutory Invention Registration,  37 CFR 1.296,  MPEP
Section  1109.

10. Petitions relating to DOE property rights statements under  42
U.S.C. 2182.

11. Petitions relating to NASA property rights statements under  42
U.S.C. 2457.

12. Petitions relating to foreign filing licenses under  35 U.S.C. 184.

13. Petitions concerning review of security or government interest
matters not otherwise provided for.

14. Petitions relating to any application under a secrecy order pursuant
to  35 U.S.C. 181, including petitions to expunge subject matter from
the application to overcome the secrecy order.

---SECTION---1002.02(c)(2) Petitions Decided by the Group Director of
Group 1600

In addition to the items delegated to all Group Directors under MPEP
Section  1002.02(c), authority to decide the following is delegated to
the Group Director of Group 1600:

1. Petitions regarding sequence rules,  37 CFR 1.821-1.825.

2. Petitions to make biotechnology applications special where applicant
is a small entity,  MPEP Section  708.02, item XII.

---SECTION---1002.02(c)(3) Petitions Decided by the Group Director of
Group 2900

In addition to the items delegated to all Group Directors under MPEP
Section  1002.02(c), authority to decide the following petitions and
requests filed in design applications is delegated to the Group Director
of Group 2900:

1. Petitions to revive an abandoned national application,  37 CFR 1.137
(both unavoidable delay and unintentional delay),  MPEP Section 
711.03(c).

2. Petitions for access to patent applications under  37 CFR 1.14 with
the exception of applications set out in a notice declaring an
interference before the Board of Patent Appeals and Interferences,  MPEP
Section  103,  Section  104, and Section  1901.05.

3. Petitions for acceptance of national applications without
participation of one or more inventors under 1.47,  MPEP Section 
409.03.

4. Petitions relating to the filing date of patent applications under 
37 CFR 1.53 and former  37 CFR 1.60 and 1.62,  MPEP Section  506.

---SECTION---1002.02(d) Petitions and Matters Decided by Supervisory
Patent Examiners 

1. Entry of amendments under  37 CFR 1.312 which embody more than merely
the correction of formal matters without changing the scope of any
claim,  MPEP Section  714.16,  Section  714.16(d).

2. Approval of any new ground of rejection made after the filing of an
appeal brief. Evidence of the approval should appear on applicant's copy
of the Office action as well as the record copy,  MPEP Section  1208.01.

3. Requests for a Certificate of Correction submitted under  37 CFR
1.322 or 1.323 unless the error is clearly minor, clerical or
typographical, in which case it is handled by the Certificate of
Correction Branch.

4. Requests for a Certificate of Correction to correct a claim even if
the request is submitted under  37 CFR 1.322.

5. Petitions under  37 CFR 1.324 to correct errors in joining inventors
in a patent that is not involved in an interference,  MPEP Section 
1481.

6. Petitions to consider Information Disclosure Statement after final
action or notice of allowance but before payment of the issue fee,  37
CFR 1.97(d),  MPEP Section  609.

7. Letters to an applicant suggesting claims for purposes of
interference, or the submission of Form PTO-850, where one or more
claims of one application would differ from corresponding claims of
another application.  See  37 CFR 1.603 and MPEP Section  2303.

8. Amendments presented after decision in an appeal by the Board of
Patent Appeals and Interferences as to which the primary examiner
recommends entry as placing the application in condition for allowance.
See MPEP Section  1214.07.

9. Petitions for consideration of an amendment under  37 CFR 1.312(b)
filed after payment of issue fee,  MPEP Section  714.16.

10. Petition for second or subsequent change of inventorship in
application under  37 CFR 1.48. See MPEP Section  201.03.

11. Petitions under  37 CFR 1.84 to accept photographs or color drawings
in patent applications.

12. Withdrawal from appeal of an application remanded by the Board of
Patent Appeals and Interferences.  See MPEP Section  1211.

---SECTION---1002.02(e) Petitions Decided by Primary Examiners

Petitions under  37 CFR 1.48 for correction of inventorship in
applications.

---SECTION---1002.02(f) Petitions and Matters Decided by the Chief
Administrative Patent Judge of the Board of Patent Appeals and
Interferences

The Chief Administrative Patent Judge is authorized to redelegate
authority to decide any of these petitions or matters to the Vice Chief
Administrative Patent Judge of the Board of Patent Appeals and
Interferences.

1. Designation of members of the Board of Patent Appeals and
Interferences to hear appeals and decide interferences, both initially
and on request for reconsideration.  35 U.S.C. 7.

2. Designation of members of the Board of Patent Appeals and
Interferences to conduct proceedings in an interference.  37 CFR
1.610(a).

3. Designation of members of the Board of Patent Appeals and
Interferences to decide requests for reconsideration.  37 CFR 1.640(c).

4. Requests related to superintending the functions of the Board of
Patent Appeals and Interferences, including:

a. Petitions under  37 CFR 1.644 in interferences.

b. Petitions under  37 CFR 1.181, 1.182, and 1.183 from actions of the
Board of Patent Appeals and Interferences or of personnel at the Board
of Patent Appeals and Interferences.

c. Petitions under  35 U.S.C. 135(c) and  37 CFR 1.666(c) to permit the
filing of an agreement or understanding during the 6-month period
subsequent to termination of an interference.

d. Petitions under  37 CFR 1.666(b) for access to copies of an
interference agreement or understanding filed under  35 U.S.C. 135(c).

e. Petitions from a decision under  37 CFR 1.612(a) granting or denying
access by a party to an interference to pending and abandoned patent
applications.  MPEP Section  103.

f. Petitions for an extension of time for seeking rehearing in an ex
parte case before the Board of Patent Appeals and Interferences.

g. Petitions from a decision under  37 CFR 1.615(b) authorizing or
declining to authorize continued concurrent prosecution of an
application involved in an interference proceeding.

h. Petitions from a decision under  37 CFR 1.613(d) declining to
authorize a withdrawal of an attorney or agent from representing a party
involved in an interference.

i. Petitions from a decision granting or denying a request for a
certificate of correction under  37 CFR 1.322 and 1.323 for a patent
involved in an interference.

j. Petitions seeking disqualification of an attorney or agent under  37
CFR 10.130(b) in an inter partes case pending before the Board of Patent
Appeals and Interferences.

---SECTION---1002.02(g) Petitions Decided by the Administrative Patent
Judges

1. Petitions for access to unopened preliminary statements under  37 CFR
1.631.

2. Petitions under  37 CFR 1.615 for concurrent ex parte and inter
partes prosecution of patent applications,  MPEP Section  2315.

3. Petitions for the withdrawal of attorney under  37 CFR 1.36 in patent
applications involved in interference proceedings under  37 CFR 1.601 -
1.688 before the Board of Patent Appeals and Interferences,  37 CFR
1.613(d).

4. A request for a Certificate of Correction for a patent that is
involved in an interference conducted under  37 CFR 1.601 - 1.688
presented via a motion under  37 CFR 1.635.

5. Motions to correct errors in joining inventors in proceedings under 
37 CFR 1.601 - 1.688,  37 CFR 1.634.

See also MPEP Section  1002.02(j).

---SECTION---1002.02(i) Petitions Decided by the Assistant Commissioner
for Trademarks

Petitions relating to Trademarks are covered in Chapter 1700 of the
Trademark Manual of Examining Procedure.

---SECTION---1002.02(j) Petitions Decided by the Board of Patent Appeals
and Interferences

Requests under  37 CFR 1.197(b) for a rehearing of a decision of the
Board of Patent Appeals and Interferences.  MPEP Section  1214.03.

---SECTION---1002.02(k) Petitions Decided by the Solicitor

1. Petitions for extension of time in court matters  35 U.S.C. 142, 145,
146.

2. Petitions relating to ex parte questions in cases before the Court of
Appeals for the Federal Circuit.

3. Requests filed under the Freedom of Information Act.

The Office of the Solicitor is available to render legal advice to any
deciding official in connection with any petition.

---SECTION---1002.02(l) Requests Decided by the Certificates of
Correction Branch

1. Requests for Certificates of Correction under  37 CFR 1.322 or  37
CFR 1.323 except for denials on grounds requiring consideration by the
Chief Administrative Patent Judge or the supervisory patent examiners
otherwise provided for,  MPEP Section  1480 -  Section  1485.

2.  Petitions to issue corrected patent,  37 CFR 1.322(b).

3. Request to change inventorship pursuant to court order,  37 CFR
1.324,  MPEP Section  1481.

---SECTION---1002.02(m) Petitions Decided by the Director of Enrollment
and Discipline

1. Petitions relating to registration.

2. Requests for limited recognition under  37 CFR 10.9.

3. Petitions for exceptions to undertakings under  37 CFR 10.10(b)(2), 
MPEP Section  1702.

4. Petitions for regrading of registration examinations under  37 CFR
10.7(c).

5. Petitions for reinstatement under  37 CFR 10.160.

6. Petitions to suspend the rules under  37 CFR 10.170.

---SECTION---1002.02(o) Petitions and Other Matters Decided by the
Deputy Commissioner of Patents and Trademarks

The authority to take the following actions has been delegated to the
Deputy Commissioner of Patents and Trademarks.

1. Decide petitions to the Commissioner in patent interference
proceedings under  37 CFR 1.644.

2. Decide petitions to the Commissioner from actions taken by the Board
of Patent Appeals and Interferences.

3. Decide petitions (under  37 CFR 1.304 or  37 CFR 2.145(d)) seeking to
extend the time for filing a notice of appeal to the U.S. Court of
Appeals for the Federal Circuit or for commencing a civil action seeking
judicial review of a decision of the Board of Patent Appeals and
Interferences or the Trademark Trial and Appeal Board.

4. Decide petitions under  37 CFR 10.2(c) from a final decision of the
Director of Enrollment and Discipline.

5. Render final decisions in proceedings under  35 U.S.C. 32 in which
the Director of Enrollment and Discipline seeks to exclude or suspend a
practitioner from practice before the Patent and Trademark Office.

6. Render final decisions in proceedings under  35 U.S.C. 32 seeking to
disqualify a practitioner and/or the practitioner's firm in all cases in
the Patent and Trademark Office.

If there is a vacancy in the position of Deputy Commissioner for Patents
and Trademarks, decisions on petitions in patent interference cases will
be signed by the Commissioner of Patents and Trademarks.

Upon receipt of a petition and without waiting for any opposition, the
entire interference file is to be forwarded to the Office of the
Solicitor.  The Solicitor is directed to promptly cause a review to be
made of the petition and to prepare a draft decision for the Deputy
Commissioner or Commissioner as may be appropriate.  The Solicitor is
authorized to take any interlocutory action, i.e., extending times for
filing oppositions and seeking judicial review, obtaining agreement on
facts from the parties, etc., as may be necessary to promptly dispose of
the petition.

---SECTION---1002.02(p) Petitions and Matters Decided by the PCT Legal
Administrator

1. Petitions to withdraw the Notice of Acceptance and/or filing receipt
and indication of the steps necessary for completion of the national
stage in a national application requesting treatment under  35 U.S.C.
371.

2. Petitions for withdrawal of attorney or agent of record in
proceedings before PCT Operations and/or the Office of the PCT Legal
Administrator,  37 CFR 1.36,  MPEP Section  402.06.

3. Petitions for access to an international application or a national
application (i.e., a national stage application or a national
application which is continuing from an international application)
pending in PCT Operations and/or the Office of the PCT Legal
Administrator.

4. Requests under  37 CFR 1.26 or 1.446 for refund of fees paid in an
international application or in a national application (i.e., a national
stage application or a national application which is continuing from an
international application) before PCT Operations and/or the Office of
the PCT Legal Administrator.

5. Petitions under  37 CFR 1.182 to convert a national application which
was filed under  35 U.S.C. 371 to an application filed under  35 U.S.C.
111(a) or to convert a national application which was filed under  35
U.S.C. 111(a) to an application filed under  35 U.S.C. 371.

6. Petitions under  37 CFR 1.181 to withdraw the holding of abandonment
where the holding was made in PCT Operations or in the PCT Legal Office.

7. Petitions under  37 CFR 1.181 to invoke the supervisory authority of
the Commissioner in circumstances arising in PCT Operations and/or the
Office of the PCT Legal Administrator other than the circumstances set
forth in paragraph 6, above.

8. Petitions under  37 CFR 1.137 (both unavoidable delay and
unintentional delay) to revive an application filed under the Patent
Cooperation Treaty (PCT).

9. Petitions under  37 CFR 1.425 to accept the signature in an
international application on behalf of an applicant.

10. Petitions under 37 CFR 1.47 or a submission under  37 CFR 1.42 or
1.44 to accept the signature in a national stage application on behalf
of an applicant.

11. Petitions under  37 CFR 1.48 or a submission under  37 CFR 1.28
(change of inventorship and small entity status, respectively) in a
national stage application prior to entry into the national stage.

12. Petitions under  37 CFR 1.182 or 1.183 filed in an international
application relating to filing date matters, drawing problems, priority
claim issues, Express Mail problems, Chapter II Demand problems, issues
relating to obvious error and issues relating to withdrawal.

13. Petitions under  37 CFR 1.182 or 1.183 dealing with circumstances
other than those set forth in paragraph 12, but relating to issues under
the PCT.

14. Decisions withdrawing an examiner's office action in an application
where the application is not in compliance with the PCT provisions of
the Treaty, U.S. Law or the Regulations.

15. Petitions dealing with PCT related issues in an application filed
under  35 U.S.C. 111(a) (such as applications where there is a potential
claim for benefit under  35 U.S.C. 365).

16. Petitions to convert a nonprovisional application filed under  37
CFR 1.53(b) to a provisional application under  37 CFR 1.53(c) where the
nonprovisional application is before PCT Operations and/or the Office of
the PCT Legal Administrator.

17. Petitions relating to international applications filed under the
Patent Cooperation Treaty not otherwise provided for.

---SECTION---1002.02(q) Petitions Decided by the Director of Office of
Initial Patent Examination

1. Petitions under  37 CFR 1.48(d) to add the name of an inventor in a
provisional application.

2. Petitions under  37 CFR 1.48(e) to delete the name of the person
erroneously named as an inventor in a provisional application.

3. Petitions to convert a nonprovisional application filed under  37 CFR
1.53(b) to a provisional application under  37 CFR 1.53(c) where the
nonprovisional application is before the Office of Initial Patent
Examination or where the nonprovisional application is before the Office
of Publications.

4. Petitions under  37 CFR 1.182 to accept omitted page(s) or drawing(s)
and be accorded a filing date as of the date of such submission.

5. Petitions to withdraw holding of abandonment where notices of
abandonment were mailed by the Office of Initial Patent Examination.

6. Petitions for extension of time under  37 CFR 1.136(b) in
applications before the Office of Initial Patent Examination.

---SECTION---1002.02(r) Petitions Decided by the Director of Office of
Patent Publication

1. Petitions to withdraw holding of abandonment where notices of
abandonment were mailed by the Office of Patent Publication.

2. Petitions to withdraw patent applications from issue after payment of
issue fee,  37 CFR 1.313(b),  MPEP Section  1308.

---SECTION---1002.02(s) Petitions and Matters Decided by the Special
Program Examiners in the Patent Examining Groups

1. Petitions to make patent applications special under  37 CFR 1.102, 
MPEP Section  708.02:

(a) on the ground of applicant's age or state of health,  MPEP Section 
708.02, item III & IV;

(b) a continuation-in-part of an earlier application;

(c) under the Environmental Quality Program,  MPEP Section  708.02, item
V;

(d) under the Energy Program,  MPEP Section  708.02, item VI;

(e) because the application invokes safety of research in the field of
Recombinant DNA,  MPEP Section  708.02, item VII;

(f) under the Special Examining Procedure for certain new applications -
accelerated examination,  MPEP Section  708.02, item VIII;

(g) superconductivity,  MPEP Section  708.02, item IX;

(h) inventions relating to HIV/AIDS and cancer,  MPEP Section  708.02,
item X;

(i) relating to inventions for countering terrorism,  MPEP Section 
708.02, item XI;

(j) on the ground of prospective manufacture,  MPEP Section  708.02,
item I;

(k) on the ground of infringement,  MPEP Section  708.02, item II; and

(i)  for reasons not otherwise provided for.

2. Petitions for withdrawal of attorney from application pending in
examining groups,  37 CFR 1.36.

---SECTION---1003 Matters Submitted to Group Directors

The following is a list of matters which are submitted to the
appropriate Group Director, together with a reference to any section of
this manual where such matters are more fully treated.

1. Requests for a Certificate of Correction in which the:

i. request raises a novel issue or about which there is some question.

ii. request is for a patent known to be in litigation.

iii. request deals with a legal matter (e.g., the insertion of foreign
priority data or cross referencing to prior U.S. patent applications)
unless the file reflects that the examiner has already ruled on the
matter and that failure to print the material was clearly an Office
error, in which case it will be handled by the Certificate of
Corrections Branch.

2. Return of papers entered on the "Contents" of the file wrapper.  See
MPEP Section  201.14(c),  Section  604.04(a) and Section  719.01.

3. Return of papers containing discourteous remarks. See MPEP Section 
714.19 and Section  714.25.

4. Certain rejections on double patenting of divisional (or parent) case
when restriction or election of species has previously been required, 
MPEP Section  804.04.

5. Request for patentability report,  MPEP Section  705.01(e).

6. Actions which hold unpatentable claims copied from a patent for
interference purposes where the grounds relied upon are equally
applicable to the patentee,  MPEP Section  2307.02.

7. Interferences between applications neither of which is in condition
for allowance,  MPEP Section  2303.

8. Letters requesting jurisdiction from Board of Patent Appeals and
Interferences of applications involved in appeal or interference.

9. Letters to an applicant suggesting claims for purposes of
interference, the adoption of which by the applicant would result in the
withdrawal of an application from issue,  MPEP Section  2305.04.

10. Examiner's answers containing a new interpretation of law.  See MPEP
Section  1208.

11. Proposed interferences between applications whose effective filing
dates differ by more than 6 months.  See MPEP Section  2303.

12. Protests filed against issuance of a patent. See MPEP Section 
1901.06.

13. Letters suggesting claims to an application in issue for purposes of
interference with a patent. See MPEP Section  2305.04.

14. Requests by the examiner to the Board for reconsideration of a
decision before forwarding to the Office of Petitions,  MPEP Section 
1214.04.

15. Second or subsequent suspension of action in patent application
under  37 CFR 1.103 on examiner's initiative.  MPEP Section  709.

16. Request by the examiner to withdraw an application from issue.

All unusual questions of practice may be referred to the Group
Directors.

---SECTION---1004 Actions Which Require the Attention of a Primary
Examiner

There are some questions which existing practice requires the primary
examiner to be personally responsible for.  The following actions fall
in this category:

Final rejection (MPEP Section  706.07).

Initiating an interference (MPEP Section  2309).

Disposition of an amendment in an application in interference looking to
the formation of another interference involving that application (MPEP
Section  2364.01).

Calling Administrative Patent Judge's attention to a discovered
reference which makes a claim corresponding to a count unpatentable (37
CFR 1.641,  MPEP Section  2341).

Rejection of a previously allowed claim (MPEP Section  706.04).

Classification of allowed cases (MPEP Section  903.07).

Holding of abandonment for insufficient reply (MPEP Section  711.03(a)).

Suspension of examiner's action (MPEP Section  709).

Treatment of newly filed application which obviously fails to comply
with  35 U.S.C. 112 (MPEP Section  702.01).

Consideration of the advisability of a patentability report (MPEP
Section  705.01(a)).

Withdrawal of final rejection (MPEP Section  706.07(d) and Section 
706.07(e)).

All examiner's answers on appeal (MPEP Section  1208).

Decision on reissue oath or declaration (MPEP Section  1414).

Decision on affidavits or declarations under  37 CFR 1.131 (MPEP Section 
715.08) and under  37 CFR 1.132 (MPEP Section  716).

Decision as to acceptance of amendments, statements, and oaths or
declarations filed under  37 CFR 1.48 (MPEP Section  201.03).

For a list of actions that are to be submitted to the Group Directors,
see MPEP Section  1002.02(c) and Section  1003.

---SECTION---1005 Exceptions to Partial Signatory Authority

Examiners who are delegated partial signatory authority are expected to
sign their own actions with the exception of the following actions which
require the signature of the primary examiner:

Allowances (MPEP Section  1302.13).

Examiner's amendments (MPEP Section  1302.04).

Quayle actions (MPEP Section  714.14).

Final rejections (MPEP Section  706.07).

Actions on amendments submitted after final rejection (MPEP Section 
714.12).

Examiner's answers on appeal (MPEP Section  1208).

Initiation of an interference (MPEP Section  2309).

Actions suggesting claims for interference purposes (MPEP Section 
2305).

Actions involving copied patent claims (MPEP Section  2307).

Actions reopening prosecution (MPEP Section  1214.07).

Requests for withdrawal from issue (MPEP Section  1308).

  37 CFR 1.312 amendments (MPEP Section  714.16).

Rejection of previously allowed claim (MPEP Section  706.04).

Final holding of abandonment for insufficient reply (MPEP Section 
711.03(a)).

Actions based on affidavit or declaration evidence (37 CFR 1.131 and
1.132 (MPEP Section  715.08 and Section  716)).

Suspension of examiner's action (MPEP Section  709).

Reissue applications (decisions on reissue oath or declaration) (MPEP
Section  1444).

Requests for an extension of time under  37 CFR 1.136(b) (MPEP Section 
710.02(e)).

Reexamination proceedings (MPEP Section  2236).

