United States Patent and Trademark Office OG Notices: 19 October 2004

                         United States Postal Service
                       Interruption and Emergency under
                      35 U.S.C. 21(a) and 37 CFR 1.10(i)

   The United States Patent and Trademark Office (USPTO) is
designating the interruption in service of the United States Postal
Service (USPS) in the areas affected by a series of hurricanes that
started with Hurricane Frances in Florida on September 3, 2004 as a
postal service interruption and an emergency within the meaning of 35
U.S.C. Sec. 21(a) and 37 CFR 1.10(i).

   Postal services in Florida, Alabama, Mississippi, Louisiana,
Georgia, Puerto Rico, U.S. Virgin Islands, West Virginia, Ohio,
Pennsylvania, Maryland, and Virginia have been suspended intermittently
since Friday, September 3, 2004, due to a series of hurricanes
(Frances, Ivan, and Jeanne) that have affected these areas. To
determine whether a post office has been closed or postal services
suspended in a particular area due to these hurricanes, contact the
post office directly or visit the USPS's Web site at:
http://www.usps.gov.

   37 CFR 1.10(i) (effective September 21, 2004) addresses
interruptions or emergencies in USPS "Express Mail Post Office to
Addressee" service that are designated by the Director. See
Changes To Support Implementation of the United States Patent and
Trademark Office 21st Century Strategic Plan, 69 Fed. Reg. 56482,
56490-91, 56536 (Sept. 21, 2004) (final rule) (also available on the
USPTO's Web site at http://www.uspto.gov). Correspondence covered by 37
CFR 1.10 (non-trademark correspondence) that would have been filed with
the USPTO under 37 CFR 1.10 during this USPS service interruption, but
which was not filed due to the USPS service interruption, should be
filed promptly after the termination of the USPS service interruption
with a petition in accordance with 37 CFR 1.10(i) using "Express
Mail" service in accordance with 37 CFR 1.10.

   The provisions of 35 U.S.C. Sec. 21(a) and 37 CFR 1.10(i) apply
only to postal interruptions and emergencies. The provisions of 35
U.S.C. Sec. 21(a) and 37 CFR 1.10(i) do not provide for the granting of
a filing date to correspondence as of the date on which it would have
been filed but for other exigencies, such as the unavailability of an
office or building other than a USPS facility. These provisions apply
only if the post office was closed or "Express Mail" service
suspended in the affected areas on the specified date due to the
hurricanes.

   37 CFR 1.10(i) provides that any person attempting to file
correspondence by "Express Mail Post Office to Addressee" service
that was unable to be deposited with the USPS due to an interruption or
emergency in "Express Mail" service which has been so designated by
the Director may petition the Director to consider such correspondence
as filed on a particular date in the Office. 37 CFR 1.10(i)
specifically provides that: any person attempting to file
correspondence under this section that was unable to be deposited with
the USPS due to an interruption or emergency in "Express Mail"
service which has been so designated by the Director, may petition the
Director to consider such correspondence as filed on a particular date
in the Office, provided that:

   (1) the petition is filed in a manner designated by the Director
promptly after the person becomes aware of the designated interruption
or emergency in "Express Mail" service;

   (2) the petition includes the original correspondence or a copy of
the original correspondence; and

   (3) the petition includes a statement which establishes, to the
satisfaction of the Director, that the correspondence would have been
deposited with the USPS but for the designated interruption or
emergency in "Express Mail" service, and that the correspondence or
copy of the correspondence is the original correspondence or a true
copy of the correspondence originally attempted to be deposited with
the USPS on the requested filing date.

   As soon as the USPTO receives further information from the USPS
as to when postal services in the affected areas will be resumed, the
USPTO will post updated information regarding this situation on the
USPTO Web site (http://ww.uspto.gov) and in the Official Gazette.
Inquiries concerning this notice may be directed to Fred Silverberg by
e-mail at fred.silverberg@uspto.gov or by telephone at 703-305-8986 or
571-272-7719.

September 27, 2004                                       NICHOLAS P. GODICI
                                                   Commissioner for Patents