Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88355281

DATE:                                01/21/2020

NAME:                               slawrence

NOTE:         

From: Lawrence, Sue
Sent: Tuesday, January 21, 2020 2:56 PM
To: Raymond Van Dyke <Ray@vandykeiplaw.com>
Subject: Informal Communication re US TM App Ser No 88355281

 

Ray –

 

First, “devices” are not permitted in class 5 since this class is comprised of pharmaceuticals and preparations for medical purposes.  Medical “devices” or “apparatus” are typically in class 10.  Therefore, the wording you suggest in class 5 is not acceptable.  That being said, I would accept the below, noting the wording that is crossed out in red and newly added wording which is underlined, in bold and green:

 

Diagnostic testing devices, namely diagnostic kits or devices comprised of a cartridge with microelectrodes therein, each microelectrode having a carbon nanotube film with cancer-specific antibodies or other targeting materials thereon for testing blood samples for detection of cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Medical devices,  namely diagnostic kits comprised of cartridges with microelectrodes therein, each microelectrode having a carbon nanotube film with cancer-specific antibodies or other targeting materials thereon and for use with an analysis device for testing of blood for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer.

 

With regard to the class 10 wording, the apparatus must be sold empty in order to be in class 10; the wording may be amended to the following: 

 

Medical devices, namely diagnostic kits consisting primarily of apparatus with microelectrodes therein, each microelectrode having a carbon nanotube film for usewith cancer-specific antibodies or other targeting materials thereon, for analyzing blood samples for detecting cancers in blood samples, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer; Diagnostic testing devices, namely diagnostic kits comprised of apparatus with microelectrodes herein, each microelectrode having a carbon nanotube film for use with cancer-specific antibodies or other targeting materials thereon, and an analysis device for testing blood samples for detection of cancers, specifically breast cancer, colon cancer, lung cancer, pancreatic cancer and prostate cancer

 

I hope this helps. 

 

Susan K. Lawrence

Susan Kastriner Lawrence

Examining Attorney

Law Office 116

(571) 272-9186