Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79050501 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

 

Remarks:

 

Reconsideration of this application in light of the following comments and amendments is respectfully solicited.

 

In the office action mailed April 23, 2008 the Examining Attorney objected to the goods identification.  A revised goods identification which is believed to be definite is presented herein.

 

The application has been amended to indicate that the Applicant is an individual and a citizen of Germany.

 

Should the Examining Attorney believe an additional amendment is needed to place the case in condition for allowance, the Examining Attorney is hereby invited to contact the Applicant’s attorney at the telephone number listed below.

 

No fees are believed to be due as a result of this response.  If any fees are required, the Director is hereby authorized to charge Deposit Account No. 02-0184.

 

Respectfully submitted,

 

Barry L. Kelmachter

Attorney of record

Reg. No. 29.999

Tel:  203-777-6628, ext. 112

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Surgical apparatus and instruments; artificial limbs; orthopaedic articles; bone distraction devices; in particular in the form of implantable and electromechanically operated devices
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed: Class 010 for Artificial limbs; orthopedic articles, namely bone implants; bone distraction apparatus, namely, implantable and electromechanically operated devices for use in stretching and lengthening bones

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Wittenstein, Manfred a(n) having an address of
      Erlenbachweg 30 97980 Bad Mergentheim
      ,
      Germany

Proposed: Manfred Wittenstein, a citizen of Germany, having an address of
      Erlenbachweg 30
      Bad Mergentheim, 97980
      Germany

SIGNATURE(S)
Response Signature
Signature: /BLK/     Date: 10/02/2008
Signatory's Name: Barry L. Kelmachter
Signatory's Position: Attorney of record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 79050501
Internet Transmission Date: Thu Oct 02 14:25:31 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200810021425312
79291-79050501-430871e9c9f6bd0c2eea3a456
9e43d312fc-N/A-N/A-20081002142226695958