Notation to File

CELL À RECYCLER

Rechargeable Battery Recycling Corporation

RE: CELL A RECYCLE The fifth serial number you provided is of other than your client's app -- I think you meant 76603760. Also, you left the R off the end of the mark. I copy+paste selected text from e-mails directly into various of our (ultra-literal) computer databases, so precision really is of the essence. Finally, you make no mention of 76603756, which puzzles me. It looks to me like we need a disclaimer of the non-inherently-distinctive term CELL in the apps that have "cellular" in the ID and space in between the words on the drawing -- so 76603760 and 76603755. By the way, Tradeups gave me the following error message when I tried to fix the translation: FLAG SET FOR OG PROCESSING - UNABLE TO ACCESS So it is, as I suspected, too late for the examiner to fix. Accordingly, you would need to contact the Pub&Issue branch (571/272-9401) to see what they can do before publication (if it's not too late for them too). The easiest solution would be to

NOTE TO THE FILE

SERIAL NUMBER:            76603760

DATE:                                11/07/2005

NAME:                               bregan

NOTE:



-----Original Message-----
From: Regan, Brendan
Sent: Monday, November 07, 2005 11:26 AM
To: 'Kelly, Christopher'
Subject: RE: CELL A RECYCLE

The fifth serial number you provided is of other than your client's app -- I think you meant 76603760. Also, you left the R off the end of the mark. I copy+paste selected text from e-mails directly into various of our (ultra-literal) computer databases, so precision really is of the essence. Finally, you make no mention of 76603756, which puzzles me.

It looks to me like we need a disclaimer of the non-inherently-distinctive term CELL in the apps that have "cellular" in the ID and space in between the words on the drawing -- so 76603760 and 76603755.

By the way, Tradeups gave me the following error message when I tried to fix the translation:

FLAG SET FOR OG PROCESSING - UNABLE TO ACCESS

So it is, as I suspected, too late for the examiner to fix. Accordingly, you would need to contact the Pub&Issue branch (571/272-9401) to see what they can do before publication (if it's not too late for them too). The easiest solution would be to request the changes (i.e., six amended translations, two disclaimers) at the SOU stage (if nothing else, there should be a "miscellaneous statement" field at http://eteas.gov.uspto.report/V2.0/aou250/) -- but then the apps would be published technically incorrectly. At this point I'm not going to say any more so as to avoid crossing the line and providing legal advice one way or the other.

-----Original Message-----
From: Kelly, Christopher [mailto:CKelly@wrf.com]
Sent: Monday, November 07, 2005 9:38 AM
To: Regan, Brendan
Subject: CELL A RECYCLE

Brendan:

        Thank you for getting back to me. The correct translation is CELL TO RECYCLE. The application serial nos. are as follows:

76603753 76603757 76603755 76603754 76603670 . Please let me know how would wish to proceed.

Christopher Kelly
Wiley Rein & Fielding LLP
1776 K Street NW
Washington, DC 20006
Phone: 202.719.7115
Fax:      202.719.7049
email:    ckelly@wrf.com <mailto:ckelly@wrf.com>

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