Reconsideration Letter

In an action dated January 11, 2005 this application was approved for publication. Upon subsequent review, the examining attorney has reviewed the application and determined the following.

The examining attorney should construe any paper filed after final action that contains new amendments, new evidence, or new arguments as a request for reconsideration, and should issue a written action granting or denying the request. See TMEP §715.03(a). Therefore, Applicant’s paper filed December 23, 2004 is considered a Request For Reconsideration. Applicant is requesting reconsideration of a final refusal dated July 6, 2004.

The applicant amended the identification of goods and services. The amended identifications of goods and services in International Classes 001, 002, 017, 040 are acceptable and have been entered into the record.

However, after careful consideration of the law and facts of the case, the examining attorney must deny the request for reconsideration and adhere to the final action as written since no new facts or reasons have been presented that are significant and compelling with regard to the point at issue. The amended identification of goods in International Class 007 is unacceptable. Applicant classified “process control equipment to monitor and control the multi-layer thin film and associated processes, test equipment to measure the performance of the thin-film barrier coating and tools and equipment for the maintenance, calibration and cleaning of the aforesaid equipment” in International Class 007; however, the correct classification is International Class 009. Applicant must either delete these goods or add International Class 009 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).

Accordingly, applicant’s request for reconsideration is denied. The time for appeal runs from the date the final action was mailed. 37 C.F.R. Section 2.64(b); TMEP Section 715.03(c). It is noted that Applicant has not noted an appeal, therefore, Applicant must submit a completed response within thirty days of the mailing date of this letter. 37 C.F.R. §2.65(b); TMEP §§718.03 and 718.03(b).

NOTICE: FEE CHANGE

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or

(2) $375 per international class if filed on paper

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

The new fee requirements will apply to any fees filed on or after January 31, 2005.

NOTICE: TRADEMARK OPERATION RELOCATION

The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

/Toni Y Hickey/

Trademark Examining Attorney

Phone (571) 272-9475

Fax (571) 273-9115