UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/443986
APPLICANT: Newisys, Inc.
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February 9, 2004
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CORRESPONDENT ADDRESS: Frank M. Caprio LANIER FORD SHAVER & PAYNE P.C. Suite 5000 200 West Side Square Huntsville AL 35801 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 EcomITU@uspto.gov
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MARK: NEWISYS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 28237-39639
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examiner’s name and “Intent to Use Section”. 4. Your telephone number and e-mail address.
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Serial Number 76/443986
OF RECORD UNDER 37 C.F.R. SECTIONS 2.19 (b) AND 10.40
Your request to withdraw as attorney of record was received on January 30, 2004.
Under 37 C.F.R. §2.19(b), an individual authorized to represent an applicant or party in a trademark case may withdraw upon application to and approval by the Commissioner. Under 37 C.F.R. §10.40(a), a practitioner shall not withdraw from employment until the practitioner has taken reasonable steps to avoid foreseeable prejudice to the rights of the applicant.
A request to withdraw as counsel for an applicant must be accompanied by: (1) a statement of the reason(s) for the request to withdraw; (2) a statement that the attorney has given due notice to the applicant that the attorney is withdrawing from employment and will be filing the necessary papers with the United States Patent and Trademark Office; (3) a statement that the attorney has delivered to the applicant all papers and property in the attorney's file concerning the prosecution of the application; (4) a statement that the attorney notified the applicant of any responses that may be due and the time frame within which applicant must respond; and (5) a statement that the applicant was given notice of the attorney’s withdrawal from employment at least two months prior to the expiration of the response period.
Your request to withdraw is denied because:
______ It does not state the reason(s) for the request to withdraw.
___X___ It does not state that the applicant was given due notice of the withdrawal from employment at least two months prior to the expiration of the response period.
______ It does not state that all papers and property in the attorney's file concerning the prosecution of the application have been delivered to the applicant.
___X___ It does not state that the attorney notified the applicant of any responses that may be due and the time frame within which applicant must respond.
______ Other:
The request to withdraw is denied without prejudice to its resubmission in accordance with 37 C.F.R. §10.40(a) as specified above.
Accordingly, the attorney of record remains responsible for prosecution of the application.
Sincerely,
Celia Abednego
Celia Abednego
Paralegal Specialist
ITU / Divisional Unit
703-308-9550 Ext. 114
celia.abednego@uspto.gov