(38)          United States Postal Service Non-Delivery of Mail

   This notice is to advise the public of a mail disruption which 
occurred for correspondence mailed in late July 1996, directed to the 
Patent and Trademark Office (PTO) Zip Code 20231. As a result of a 
United States Postal Service (USPS) error, some mail directed to Zip 
Code 20231 was returned to the sender as "undeliverable." The USPS has 
now corrected the problem and mail directed to Zip Code 20231 is 
presently being delivered as usual. This disruption did not affect mail 
addressed to the Assistant Commissioner for Trademarks, 2900 Crystal 
Drive, Arlington, VA 22202-3513.
   The PTO has been advised by the USPS that any mail returned as a
result of this particular USPS error will be accepted by the USPS if
resubmitted at a service window in the same envelope. No additional
postage will be required. It is suggested that the USPS employee at the
service window be consulted about crossing out any "undeliverable"
notation on the envelope. Any problems associated with the resubmission
should be immediately called to the attention of the USPS, particularly,
Ms. Cynthia McMullen at (202) 636-1278/1279 or by way of the Internet at
cmcmull2@email.usps.gov.
   
1. Papers Filed Pursuant To 37 CFR 1.8
   
   Any correspondence mailed by first class mail with a certificate of
mailing thereon in compliance with 37 CFR 1.8 which was returned to the
sender as a result of this particular USPS error and which is either
resubmitted to the USPS for delivery or delivered to the PTO by private
courier will be stamped by the PTO with the actual date of receipt in
the PTO. The correspondence will, however, be accorded the benefit of
any certificate of mailing under 37 CFR 1.8.
   
2. Papers Filed Pursuant To 37 CFR 1.10
   
   Any correspondence mailed by "Express Mail" with the "Express Mail"
label number placed thereon in accordance with 37 CFR 1.10 which was
returned to the sender as a result of this particular USPS error and
which is either resubmitted to the USPS for delivery or delivered to the
PTO by private courier will be stamped with the original date of deposit
as "Express Mail" with the USPS or the next business day, if the date of
deposit is a Saturday, Sunday, or Federal holiday within the District of
Columbia. 37 CFR 1.6(a)(2). The correspondence must be received by the
PTO in the original "Express Mail" envelope or be accompanied by either
the original "Express Mail" label or a legible copy thereof.
   
3. Paper Not Filed Pursuant To 37 CFR 1.8 or 1.10
   
   Section 21(a) of title 3:5, United States Code, provides that [t]he
Commissioner may by rule prescribe that any paper or fee required to be
filed in the Patent and Trademark Office will be considered filed in the
Office on the date on which it was deposited with the United States
Postal Service . . . "
   Therefore, in order to minimize the impact of this particular USPS
error, any correspondence deposited with the USPS which was returned as
a result of the error and which was originally mailed by first class
mail without a certificate of mailing under . . . 37 CFR 1.8 or by
"Express Mail" without the "Express Mail" label number placed on the
correspondence will be stamped by the PTO with the original postmark
date, rather than the date of receipt in the PTO, or the next business
day, if the original postmark date is a Saturday, Sunday, or Federal
holiday within the District of Columbia.
   In order to take advantage of this temporary practice, any patent or
trademark correspondence affected by this disruption must be promptly
resubmitted to the PTO in a new envelope addressed to the
   
   Assistant Commissioner for Patents
   Box Postal Disruption
   Washington, DC 20231
   
   Such correspondence must be accompanied by the original mailing
envelope or a copy thereof showing the original postmark date and by a
certificate demonstrating the original mailing date. Applicant should
retain a copy of the original mailing envelope in his or her file in
case a question is later raised concerning the original date of mailing.
   
   A suggested certificate is as follows:
   
The undersigned certifies that the attached correspondence 
was deposited as first class mail/"Express Mail" with the 
U.S. Postal Service with sufficient postage addressed to 
the PTO at Washington, DC 20231 on          and 
was returned as a result of a Postal Service error.
   
Accordingly, it is requested that the filing date 
of           be accorded the correspondence.
   
   
   
(Printed Name)
   
   
(Signed)
   
   
(Date)
   
   Papers which were returned to the sender and forwarded to the PTO
prior to this notice or papers promptly returned to the PTO in the
original envelope after this notice will be given the postmark date to
the extent possible.
   Any review of these matters would be by way of petition (no petition
fee required) providing whatever arguments and evidence petitioner has
that the application/correspondence is entitled to a different filing
date.
   Questions concerning this notice should be directed to John F.
Gonzales, Senior Legal Advisor, (703) 305-9285. 

August 9, 1996                                          BRUCE A. LEHMAN
                                    Assistant Secretary of Commerce and
                                 Commissioner of Patents and Trademarks

                                 [1189 OG 92]