(41) Filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit in the Patent And Trademark Office This notice supersedes a notice entitled Filing of a Notice of Appeal to the Federal Circuit and Service of Court Papers on the Commissioner of Patents and Trademarks published at 1079 Off. Gaz. Office 72 (June 30, 1987). A notice of appeal to the Court of Appeals for the Federal Circuit may be filed in the Patent and Trademark Office in any one of the following ways: A. By first-class mail addressed as follows, in which case the notice of appeal must actually reach the Patent and Trademark Office by the due date: Box 8 Commissioner of Patents and Trademarks Washington, D.C. 20231 Attention: Office of the Solicitor B. By "Express Mail" (U.S. Postal Service only) under 37 CFR 1.10 addressed as follows, in which case the notice of appeal is deemed filed on the date of the Express Mail certificate: Box 8 Commissioner of Patents and Trademarks Washington, D.C. 20231 Attention: Office of the Solicitor C. By hand (on or before the due date) to the Office of the Solicitor. The Office of the Solicitor is located at: Crystal Park II Suite 918 2121 Crystal Drive Arlington, Va. D. By facsimile transmission to the Office of the Solicitor. The telephone number for accessing the Office of the Solicitor facsimile machine is (703) 557-9373. A notice of appeal will be deemed timely filed on the date the facsimile transmission is received by the Office of the Solicitor, provided an original notice of appeal is subsequently received in either of the following ways: (1) An original, signed copy of the notice of appeal is actually received in the Office of the Solicitor within five calendar days of the facsimile transmission; or, (2) An original, signed copy of the notice of appeal is mailed by "Express Mail" (U.S. Postal Service only) under 37 CFR 1.10 on the day of the facsimile transmission. The facsimile machine for receiving a notice of appeal is located in the Office of the Solicitor and is staffed during the business hours of 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. Due to possible equipment failure or maintenance requirements, precautions must be taken when relying on the availability of this service near the end of the time for filing a notice of appeal. Mar. 22, 1990 FRED E. McKELVEY Solicitor [1113 O.G. 27]