TEAS Request Reconsideration after FOA

HIPERFECT

QIAGEN GmbH

TEAS Request Reconsideration after FOA

PTO Form (Rev 4/2000)
OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79055263
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION (no change)
ARGUMENT(S)

RESPONSE

 In response to the April 13, 2009 Final Office Action, Applicant requests that Application Serial No. 79/055,263 be amended as requested herein.

 With respect to Classes 1 and 5, Applicant has either adopted the Examiner’s proposed ID or deleted the problematic goods.  With respect to Class 9, Applicant has adopted the description of goods approved in Registration No. 3524308 for the mark QUANTIFAST, owned by Applicant (attached as Exhibit A).

             In view of the above amendment, Applicant submits that the mark is now in condition for publication, and an early notice to that effect is respectfully requested.  A Notice of Appeal  has been filed concurrently with this Response.

 

EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_12411614-110552062_._S13695_Exhibit_A.pdf
       CONVERTED PDF FILE(S)
       (6 pages)
\\TICRS\EXPORT8\IMAGEOUT8\790\552\79055263\xml1\RFR0002.JPG
        \\TICRS\EXPORT8\IMAGEOUT8\790\552\79055263\xml1\RFR0003.JPG
        \\TICRS\EXPORT8\IMAGEOUT8\790\552\79055263\xml1\RFR0004.JPG
        \\TICRS\EXPORT8\IMAGEOUT8\790\552\79055263\xml1\RFR0005.JPG
        \\TICRS\EXPORT8\IMAGEOUT8\790\552\79055263\xml1\RFR0006.JPG
        \\TICRS\EXPORT8\IMAGEOUT8\790\552\79055263\xml1\RFR0007.JPG
DESCRIPTION OF EVIDENCE FILE Exhibit A - copy of TARR printout for Registration No. 3524308 for the mark QUANTIFAST
GOODS AND/OR SERVICES SECTION (001)(current)
INTERNATIONAL CLASS 001
DESCRIPTION
Chemical, biochemical and biotechnological products for industrial and scientific purposes, namely, nucleic acids for laboratory and research use, enzymes, polymerases, chemical and biochemical dye and marker compounds for laboratory and research use, chemical and biochemical reagents commonly known as probes for detecting and analysing molecules in protein or nucleic acid arrays, transfection reagents, lipids for introducing chemical, biochemical and biotechnological products into cells, chemical buffers used in analytical chemistry, biochemistry and biotechnology, aqueous and non aqueous solutions of alcohols and/or salts, distilled or purified water, magnetic particles in fluid form, column and membrane material, namely, for the isolation, purification or separation of chemical, biochemical and biotechnological products, none of the foregoing for medical or veterinary purposes; reagents and solvents for non-medical and non-veterinary purposes, chemicals and biochemicals for industrial and scientific purposes, namely reagents and solvents for sample preparation, purification, lysis, modification and manipulation of cells and tissues, in particular transfection reagents and reagents and solvents for performing marking, separating, isolating, purification, amplification, and/or analysis methods of biopolymers, in particular nucleic acids, enzymes, proteins, macromolecules and biologically active substances for separation, modification, analysis, marking, amplification and purification of biological and chemical compounds, none of the foregoing for medical or veterinary purposes; kits comprising chemicals for scientific or industrial purposes, kits comprising biochemicals and/or biotechnological products for scientific or industrial purposes, namely, comprising biochemical catalysts, transfection reagents, lipids for introducing chemical, biochemical and biotechnological products into cells, nucleic acids, oligonucleotides, enzymes, proteins, chemical and biochemical dye and marker compounds, chemical and biochemical reagents commonly known as probes for detecting and analysing molecules in protein or nucleic acid arrays and/or comprising chemical buffers used in biochemistry and biotechnology for sample preparation, purification, lysis, modification and manipulation of cells or tissue and for performing marking, separating, isolating, purification, amplification and/or analysis methods for biopolymers, in particular nucleic acids, enzymes, proteins, macromolecules, none of the foregoing for medical or veterinary purposes
GOODS AND/OR SERVICES SECTION (001)(proposed)
INTERNATIONAL CLASS 001
DESCRIPTION
Chemical, biochemical and biotechnological products for industrial and scientific purposes, namely nucleic acids for laboratory and laboratory research use, enzymes, polymerases, chemical and biochemical reagents for staining and marking for laboratory and research use, chemical and biochemical reagents commonly known as probes for detecting and analysing molecules in protein or nucleic acid arrays, transfection reagents for research purposes, anionic, cationic and zwitterionic lipids and mixtures thereof for introducing chemical, biochemical and biotechnological products into cells, chemical buffers used in analytical chemistry and biochemistry, aqueous and non-aqueous solutions of alcohols and/or salts, namely solutions containing isopropanol, ethanol, methanol, propanol, butanol or PEG and solutions containing chaotropic salts, distilled water, column and membrane material comprising silicium dioxide for the isolation, purification or separation of chemical, biochemical and biotechnological products, none of the foregoing for medical or veterinary purposes; chemicals and biochemicals for industrial and scientific purposes, namely reagents for research purposes for industrial and commercial use for sample preparation, purification, lysis, modification and manipulation of cells and tissues, namely transfection chemical reagents for non-medical purposes, chemical reagents for non-medical purposes and aromatic solvents for industrial and commercial use for performing marking, separating, isolating, purification, amplification, and/or analysis methods of biopolymers, namely nucleic acids, enzymes, proteins, macromolecules and biologically active substances for separation, modification, analysis, marking, amplification and purification of biological and chemical compounds, none of the foregoing for medical or veterinary purposes; kits comprising chemical preparations for scientific and chemicals for industrial purposes, kits comprising biochemicals for scientific or industrial purposes and kits comprising biotechnological products for scientific purposes, namely biochemical catalysts, transfection chemical reagents for non-medical purposes, anionic, cationic and zwitterionic lipids and mixtures thereof for introducing chemical, biochemical and biotechnological products into cells, nucleic acids for laboratory use, oligonucleotides for scientific research, enzymes for scientific and research purposes, proteins for scientific research, chemical and biochemical reagents for staining and marking for non-medical purposes, chemical and biochemical reagents commonly known as probes for detecting and analysing molecules in protein or nucleic acid arrays and/or comprising chemical buffers for industrial and commercial use for sample preparation, purification, lysis, modification and manipulation of cells or tissue and for performing marking, separating, isolating, purification, amplification and/or analysis methods for biopolymers, namely nucleic acids, enzymes, proteins, macromolecules, none of the foregoing for medical or veterinary purposes
GOODS AND/OR SERVICES SECTION (005)(current)
INTERNATIONAL CLASS 005
DESCRIPTION
Diagnostic preparations for medical and veterinary purposes; pharmaceutical and veterinary products, namely, nucleic acids, chemical reagents and biochemical preparations; enzymes for diagnostic and/or pharmaceutical purposes, proteins for diagnostic and/or pharmaceutical purposes; nucleic acids for diagnostic and/or pharmaceutical purposes; polymerases for diagnostic and/or pharmaceutical purposes, chemical and biochemical dye and marker compounds for diagnostic and/or pharmaceutical purposes, chemical buffers for diagnostic and/or pharmaceutical purposes, aqueous and non aqueous solutions of alcohols for diagnostic purposes, aqueous and non aqueous solutions of salts for diagnostic and/or pharmaceutical purposes, distilled or purified water for diagnostic and/or pharmaceutical purposes, magnetic particles for diagnostic and/or pharmaceutical purposes, column material, namely, for the isolation, purification or separation of chemical, biochemical and biotechnological products for diagnostic and/or pharmaceutical purposes, lipids for the introduction of molecules into cells for diagnostic and/or pharmaceutical purposes; transfection reagents for diagnostic and/or pharmaceutical purposes; kits comprising chemical reagents for medical and veterinary-diagnostic purposes, kits comprising biochemical products for medical and veterinary-diagnostic purposes, kits comprising biotechnological products, namely transfection reagents, lipids for the introduction of molecules into cells, nucleic acids, proteins and/or enzymes for medical and veterinary-diagnostic purposes for sample preparation, purification, lysis, modification and/or manipulation of cells and/or tissues and for marking, separating, isolating, purifying, amplification and/or analysis of biopolymers, in particular nucleic acids, protein, macromolecules and biologically active substances, in particular enzymes, proteins, macromolecules and biologically active substances, all of the foregoing for medical, veterinary and/or diagnostic purposes
GOODS AND/OR SERVICES SECTION (005)(proposed)
INTERNATIONAL CLASS 005
DESCRIPTION
Diagnostic preparations for medical and veterinary purposes; pharmaceutical and veterinary products, namely nucleic acid sequences, chemical reagents and biochemical preparations for medical or veterinary purposes; nucleic acid sequences for diagnostic and/or pharmaceutical purposes; anionic, cationic and zwitterionic lipids and mixtures thereof for the introduction of molecules into cells for diagnostic and/or pharmaceutical purposes; medical or diagnostic transfection reagents for diagnostic and/or pharmaceutical purposes; kits comprising chemical reagents for medical and veterinary-diagnostic purposes, kits comprising biochemical preparations for medical and veterinary-diagnostic purposes and kits comprising biotechnological products, namely transfection reagents, anionic, cationic and zwitterionic lipids and mixtures thereof for the introduction of molecules into cells, all of the foregoing for medical, veterinary and/or diagnostic purposes
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Scientific apparatuses, instruments and equipment and laboratory instruments and measuring apparatuses and instruments, in particular for research, medical, diagnostic, development and/or analysis purposes, namely, disposable laboratory articles, namely, test vessels, microplates, vessels, plastic vessels, sample storage vessels, reaction and collection vessels and plates, multi-well plates, flasks, containers, tips, including filter tips and dispenser tips, pipette tips and tip boxes, tubes, microtubes and tubes for PCR and micro centrifuges and micro-injection, capillaries, magnetic tips, curvettes, spin columns, cartridges and columns filed with chromatographic material; racks and holders for sample storage vessels, microvessels, tubes, syringes, tips and reagent holders; magnetic particles; membranes and silica material for nucleic acid isolation and purification, sample presentation devices, microarrays, chips; laboratory robots and automated laboratory machines, robotic workstations and systems, laboratory incubators, laboratory apparatuses and equipment for dosage, dispensing, transferring, temperature equalizing, agitating, mixing, diluting, concentrating and separating of liquids for sample preparation, modification and manipulation of cells and/or tissues and for marking, transfecting, separating, isolating, purifying, amplifying, and for the analysis of nucleic acids, proteins and macromolecules and biologically active substances; cyclers, thermocyclers, lysis apparatuses, disrupters, physico-chemical, bio-chemical, optical and electronic analysis apparatus and equipment, in particular photometers, spectrophotometers, optical scanners for detection of fluorescence and colorimetric signals; apparatuses for processing cells or liquids containing cells in particular electroporators, electrofusion apparatuses, transfection apparatuses, micro injectors and micro manipulators; vacuum chambers for chromatography, purification, separation and characterization of natural and synthetic biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material; centrifuges; vacuum systems for laboratory use, vacuum concentrators; centrifugal concentrators; rotors for laboratory centrifuges and vacuum concentrators, mixers; mechanical, electronical and automatical pipettes and dispensers for dispensing liquid for laboratory research and analysis purposes, vacuum pumps, spare parts and fittings of the foregoing, pre-programmed cards, pipettes, biochips, vacuum valves
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
Scientific apparatuses, instruments and equipment and laboratory instruments and measuring apparatuses and instruments in particular for research, medical, diagnostic and analysis purposes, namely, disposable laboratory articles, namely, plastic vessels, sample storage vessels, reaction and collection vessels and plates, multi-well plates, tips, including filter tips and dispenser tips, pipette tips and tip boxes, tubes, microtubes and tubes for PCR and micro centrifuges and micro-injection, capillaries, curvettes, spin columns, cartridges and columns filed with chromatographic material for the separation, purification, and isolation of biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material, in particular nucleic acids from biological or biochemical sample material, in particular for transfection, racks and holders for samples storage vessels, tubes, syringes and tips; sample presentation devices, mircroarrays, chips, MALDI-MS presentation devices; laboratory robots, robotic workstations and systems and laboratory incubators for diagnostic, clinical and research applications for the preparation, modification, isolation, crystallization, handling, amplification and manipulation of samples and for the transfecting, marking, separation, isolation, purification, reproduction and analysis of biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material, in particular nucleic acids from biological or biochemical sample material, laboratory apparatuses and equipment for dosage, dispensing, transferring, temperature equalizing, agitating, mixing, diluting, concentrating, transfecting and separating of liquids, MALDI- apparatuses, workstations for reading and handling multi-well plates for the analysis of biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material in particular nucleic acids from biological or biochemical sample material, in particular for nucleic acid amplification, in particular by polymerase chain reaction (PCR); cyclers, thermocyclers, lysis apparatuses, transfection apparatuses, disrupters, physico-chemical, bio-chemical, optical and electronic analysis apparatus and equipment, in particular photometers, spectrophotometers, optical scanners for detection of fluorescence and colorimetric signals; apparatuses for processing cells or liquids containing cells in particular electroporators, electrofusion apparatuses, micro injectors and micro manipulators; vacuum chambers for chromatography, purification, separation and characterization of natural and synthetic biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material; centrifuges; vacuum systems for laboratory use, vacuum concentrators; centrifugal concentrators; rotors for laboratory centrifuges and vacuum concentrators, mixers; mechanical, electronical and automatical pipettes and dispensers for dispensing liquid for laboratory research and analysis purposes
SIGNATURE SECTION
RESPONSE SIGNATURE /Shahrzad Poormosleh/
SIGNATORY'S NAME Shahrzad Poormosleh
SIGNATORY'S POSITION Attorney for Applicant, DC bar member
DATE SIGNED 10/13/2009
AUTHORIZED SIGNATORY YES
CONCURRENT APPEAL NOTICE FILED YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Oct 13 11:55:22 EDT 2009
TEAS STAMP USPTO/RFR-XX.X.XXX.XX-200
91013115522104284-7905526
3-4602438dc7c677bc77a7e3f
6dc2e94c9a90-N/A-N/A-2009
1013110552062262



PTO Form (Rev 4/2000)
OMB No. 0651-.... (Exp. 08/31/2004)

Request for Reconsideration after Final Action


To the Commissioner for Trademarks:

Application serial no. 79055263 has been amended as follows:

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

RESPONSE

 In response to the April 13, 2009 Final Office Action, Applicant requests that Application Serial No. 79/055,263 be amended as requested herein.

 With respect to Classes 1 and 5, Applicant has either adopted the Examiner’s proposed ID or deleted the problematic goods.  With respect to Class 9, Applicant has adopted the description of goods approved in Registration No. 3524308 for the mark QUANTIFAST, owned by Applicant (attached as Exhibit A).

             In view of the above amendment, Applicant submits that the mark is now in condition for publication, and an early notice to that effect is respectfully requested.  A Notice of Appeal  has been filed concurrently with this Response.

 



EVIDENCE
Evidence in the nature of Exhibit A - copy of TARR printout for Registration No. 3524308 for the mark QUANTIFAST has been attached.
Original PDF file:
evi_12411614-110552062_._S13695_Exhibit_A.pdf
Converted PDF file(s) (6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Chemical, biochemical and biotechnological products for industrial and scientific purposes, namely, nucleic acids for laboratory and research use, enzymes, polymerases, chemical and biochemical dye and marker compounds for laboratory and research use, chemical and biochemical reagents commonly known as probes for detecting and analysing molecules in protein or nucleic acid arrays, transfection reagents, lipids for introducing chemical, biochemical and biotechnological products into cells, chemical buffers used in analytical chemistry, biochemistry and biotechnology, aqueous and non aqueous solutions of alcohols and/or salts, distilled or purified water, magnetic particles in fluid form, column and membrane material, namely, for the isolation, purification or separation of chemical, biochemical and biotechnological products, none of the foregoing for medical or veterinary purposes; reagents and solvents for non-medical and non-veterinary purposes, chemicals and biochemicals for industrial and scientific purposes, namely reagents and solvents for sample preparation, purification, lysis, modification and manipulation of cells and tissues, in particular transfection reagents and reagents and solvents for performing marking, separating, isolating, purification, amplification, and/or analysis methods of biopolymers, in particular nucleic acids, enzymes, proteins, macromolecules and biologically active substances for separation, modification, analysis, marking, amplification and purification of biological and chemical compounds, none of the foregoing for medical or veterinary purposes; kits comprising chemicals for scientific or industrial purposes, kits comprising biochemicals and/or biotechnological products for scientific or industrial purposes, namely, comprising biochemical catalysts, transfection reagents, lipids for introducing chemical, biochemical and biotechnological products into cells, nucleic acids, oligonucleotides, enzymes, proteins, chemical and biochemical dye and marker compounds, chemical and biochemical reagents commonly known as probes for detecting and analysing molecules in protein or nucleic acid arrays and/or comprising chemical buffers used in biochemistry and biotechnology for sample preparation, purification, lysis, modification and manipulation of cells or tissue and for performing marking, separating, isolating, purification, amplification and/or analysis methods for biopolymers, in particular nucleic acids, enzymes, proteins, macromolecules, none of the foregoing for medical or veterinary purposes
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 001 for Chemical, biochemical and biotechnological products for industrial and scientific purposes, namely nucleic acids for laboratory and laboratory research use, enzymes, polymerases, chemical and biochemical reagents for staining and marking for laboratory and research use, chemical and biochemical reagents commonly known as probes for detecting and analysing molecules in protein or nucleic acid arrays, transfection reagents for research purposes, anionic, cationic and zwitterionic lipids and mixtures thereof for introducing chemical, biochemical and biotechnological products into cells, chemical buffers used in analytical chemistry and biochemistry, aqueous and non-aqueous solutions of alcohols and/or salts, namely solutions containing isopropanol, ethanol, methanol, propanol, butanol or PEG and solutions containing chaotropic salts, distilled water, column and membrane material comprising silicium dioxide for the isolation, purification or separation of chemical, biochemical and biotechnological products, none of the foregoing for medical or veterinary purposes; chemicals and biochemicals for industrial and scientific purposes, namely reagents for research purposes for industrial and commercial use for sample preparation, purification, lysis, modification and manipulation of cells and tissues, namely transfection chemical reagents for non-medical purposes, chemical reagents for non-medical purposes and aromatic solvents for industrial and commercial use for performing marking, separating, isolating, purification, amplification, and/or analysis methods of biopolymers, namely nucleic acids, enzymes, proteins, macromolecules and biologically active substances for separation, modification, analysis, marking, amplification and purification of biological and chemical compounds, none of the foregoing for medical or veterinary purposes; kits comprising chemical preparations for scientific and chemicals for industrial purposes, kits comprising biochemicals for scientific or industrial purposes and kits comprising biotechnological products for scientific purposes, namely biochemical catalysts, transfection chemical reagents for non-medical purposes, anionic, cationic and zwitterionic lipids and mixtures thereof for introducing chemical, biochemical and biotechnological products into cells, nucleic acids for laboratory use, oligonucleotides for scientific research, enzymes for scientific and research purposes, proteins for scientific research, chemical and biochemical reagents for staining and marking for non-medical purposes, chemical and biochemical reagents commonly known as probes for detecting and analysing molecules in protein or nucleic acid arrays and/or comprising chemical buffers for industrial and commercial use for sample preparation, purification, lysis, modification and manipulation of cells or tissue and for performing marking, separating, isolating, purification, amplification and/or analysis methods for biopolymers, namely nucleic acids, enzymes, proteins, macromolecules, none of the foregoing for medical or veterinary purposes

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 proposes to amend the following class of goods/services in the application:
Current: Class 005 for Diagnostic preparations for medical and veterinary purposes; pharmaceutical and veterinary products, namely, nucleic acids, chemical reagents and biochemical preparations; enzymes for diagnostic and/or pharmaceutical purposes, proteins for diagnostic and/or pharmaceutical purposes; nucleic acids for diagnostic and/or pharmaceutical purposes; polymerases for diagnostic and/or pharmaceutical purposes, chemical and biochemical dye and marker compounds for diagnostic and/or pharmaceutical purposes, chemical buffers for diagnostic and/or pharmaceutical purposes, aqueous and non aqueous solutions of alcohols for diagnostic purposes, aqueous and non aqueous solutions of salts for diagnostic and/or pharmaceutical purposes, distilled or purified water for diagnostic and/or pharmaceutical purposes, magnetic particles for diagnostic and/or pharmaceutical purposes, column material, namely, for the isolation, purification or separation of chemical, biochemical and biotechnological products for diagnostic and/or pharmaceutical purposes, lipids for the introduction of molecules into cells for diagnostic and/or pharmaceutical purposes; transfection reagents for diagnostic and/or pharmaceutical purposes; kits comprising chemical reagents for medical and veterinary-diagnostic purposes, kits comprising biochemical products for medical and veterinary-diagnostic purposes, kits comprising biotechnological products, namely transfection reagents, lipids for the introduction of molecules into cells, nucleic acids, proteins and/or enzymes for medical and veterinary-diagnostic purposes for sample preparation, purification, lysis, modification and/or manipulation of cells and/or tissues and for marking, separating, isolating, purifying, amplification and/or analysis of biopolymers, in particular nucleic acids, protein, macromolecules and biologically active substances, in particular enzymes, proteins, macromolecules and biologically active substances, all of the foregoing for medical, veterinary and/or diagnostic purposes
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 005 for Diagnostic preparations for medical and veterinary purposes; pharmaceutical and veterinary products, namely nucleic acid sequences, chemical reagents and biochemical preparations for medical or veterinary purposes; nucleic acid sequences for diagnostic and/or pharmaceutical purposes; anionic, cationic and zwitterionic lipids and mixtures thereof for the introduction of molecules into cells for diagnostic and/or pharmaceutical purposes; medical or diagnostic transfection reagents for diagnostic and/or pharmaceutical purposes; kits comprising chemical reagents for medical and veterinary-diagnostic purposes, kits comprising biochemical preparations for medical and veterinary-diagnostic purposes and kits comprising biotechnological products, namely transfection reagents, anionic, cationic and zwitterionic lipids and mixtures thereof for the introduction of molecules into cells, all of the foregoing for medical, veterinary and/or diagnostic purposes

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 proposes to amend the following class of goods/services in the application:
Current: Class 009 for Scientific apparatuses, instruments and equipment and laboratory instruments and measuring apparatuses and instruments, in particular for research, medical, diagnostic, development and/or analysis purposes, namely, disposable laboratory articles, namely, test vessels, microplates, vessels, plastic vessels, sample storage vessels, reaction and collection vessels and plates, multi-well plates, flasks, containers, tips, including filter tips and dispenser tips, pipette tips and tip boxes, tubes, microtubes and tubes for PCR and micro centrifuges and micro-injection, capillaries, magnetic tips, curvettes, spin columns, cartridges and columns filed with chromatographic material; racks and holders for sample storage vessels, microvessels, tubes, syringes, tips and reagent holders; magnetic particles; membranes and silica material for nucleic acid isolation and purification, sample presentation devices, microarrays, chips; laboratory robots and automated laboratory machines, robotic workstations and systems, laboratory incubators, laboratory apparatuses and equipment for dosage, dispensing, transferring, temperature equalizing, agitating, mixing, diluting, concentrating and separating of liquids for sample preparation, modification and manipulation of cells and/or tissues and for marking, transfecting, separating, isolating, purifying, amplifying, and for the analysis of nucleic acids, proteins and macromolecules and biologically active substances; cyclers, thermocyclers, lysis apparatuses, disrupters, physico-chemical, bio-chemical, optical and electronic analysis apparatus and equipment, in particular photometers, spectrophotometers, optical scanners for detection of fluorescence and colorimetric signals; apparatuses for processing cells or liquids containing cells in particular electroporators, electrofusion apparatuses, transfection apparatuses, micro injectors and micro manipulators; vacuum chambers for chromatography, purification, separation and characterization of natural and synthetic biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material; centrifuges; vacuum systems for laboratory use, vacuum concentrators; centrifugal concentrators; rotors for laboratory centrifuges and vacuum concentrators, mixers; mechanical, electronical and automatical pipettes and dispensers for dispensing liquid for laboratory research and analysis purposes, vacuum pumps, spare parts and fittings of the foregoing, pre-programmed cards, pipettes, biochips, vacuum valves
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 009 for Scientific apparatuses, instruments and equipment and laboratory instruments and measuring apparatuses and instruments in particular for research, medical, diagnostic and analysis purposes, namely, disposable laboratory articles, namely, plastic vessels, sample storage vessels, reaction and collection vessels and plates, multi-well plates, tips, including filter tips and dispenser tips, pipette tips and tip boxes, tubes, microtubes and tubes for PCR and micro centrifuges and micro-injection, capillaries, curvettes, spin columns, cartridges and columns filed with chromatographic material for the separation, purification, and isolation of biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material, in particular nucleic acids from biological or biochemical sample material, in particular for transfection, racks and holders for samples storage vessels, tubes, syringes and tips; sample presentation devices, mircroarrays, chips, MALDI-MS presentation devices; laboratory robots, robotic workstations and systems and laboratory incubators for diagnostic, clinical and research applications for the preparation, modification, isolation, crystallization, handling, amplification and manipulation of samples and for the transfecting, marking, separation, isolation, purification, reproduction and analysis of biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material, in particular nucleic acids from biological or biochemical sample material, laboratory apparatuses and equipment for dosage, dispensing, transferring, temperature equalizing, agitating, mixing, diluting, concentrating, transfecting and separating of liquids, MALDI- apparatuses, workstations for reading and handling multi-well plates for the analysis of biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material in particular nucleic acids from biological or biochemical sample material, in particular for nucleic acid amplification, in particular by polymerase chain reaction (PCR); cyclers, thermocyclers, lysis apparatuses, transfection apparatuses, disrupters, physico-chemical, bio-chemical, optical and electronic analysis apparatus and equipment, in particular photometers, spectrophotometers, optical scanners for detection of fluorescence and colorimetric signals; apparatuses for processing cells or liquids containing cells in particular electroporators, electrofusion apparatuses, micro injectors and micro manipulators; vacuum chambers for chromatography, purification, separation and characterization of natural and synthetic biopolymers, nucleic acids, oligonucleotides, proteins, macromolecules and biologically active substances from sample material; centrifuges; vacuum systems for laboratory use, vacuum concentrators; centrifugal concentrators; rotors for laboratory centrifuges and vacuum concentrators, mixers; mechanical, electronical and automatical pipettes and dispensers for dispensing liquid for laboratory research and analysis purposes

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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Shahrzad Poormosleh/     Date: 10/13/2009
Signatory's Name: Shahrzad Poormosleh
Signatory's Position: Attorney for Applicant, DC bar member

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.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 79055263
Internet Transmission Date: Tue Oct 13 11:55:22 EDT 2009
TEAS Stamp: USPTO/RFR-XX.X.XXX.XX-200910131155221042
84-79055263-4602438dc7c677bc77a7e3f6dc2e
94c9a90-N/A-N/A-20091013110552062262


TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]

TEAS Request Reconsideration after FOA [image/jpeg]


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