Supporting Statement - Appendix B

0651-0072 Supplemental Appendix B (December 2012)

For reference, the statutory and regulatory provisions that authorize the USPTO to collect the
information associated with fees in pending information collections that are impacted by this
rulemaking but have not received final approval from OMB are outlined in this supplemental
document Appendix B. The information requirements themselves will remain in their existing
information collection requests pending their approval by OMB.

PATENTS 0651-0031
Patent Processing (Updating)
Filing a Submission After Final Rejection (see 37 CFR 1.129(a)) is a pending item that is
being added into the current renewal of this collection (expires 1/31/2013). 60-Day FRN
published 3/22/2012; public comment period ended 5/29/2012. Supporting Statement in
Progress.

0031 – Pending Requirement

Statute

Filing a Submission After Final Rejection (see 37 CFR
1.129(a)) (paper and electronic)

0031 Pending - Form and Function
Filing a Submission After Final Rejection
(see 37 CFR 1.129(a))

Form #
No Form

35 U.S.C. §§ 120, 121, and
365(c)



Used by the applicant to have a first submission entered and
considered on the merits after final rejection under the conditions
set forth at 37 CFR 1.129(a).
Used by the applicant to have a second submission entered and
considered on the merits after a subsequent final rejection under
the conditions set forth at 37 CFR 1.129(a).
Used by the USPTO to automatically withdraw the finality of the
final rejection when the conditions of 37 CFR 1.129(a) have been
met.
Used by the USPTO to automatically withdraw the finality of the
subsequent final rejection when the conditions of 37 CFR
1.129(a) have been met.




No Form

37 CFR 1.116 and 1.129(a)

Needs and Uses



Electronic Filing a Submission After Final
Rejection (see 37 CFR 1.129(a))

Rule



Used by the applicant to electronically submit a first submission to
be entered and considered on the merits after final rejection
under the conditions set forth at 37 CFR 1.129(a).
Used by the applicant to electronically submit a second
submission to be entered and considered on the merits after a
subsequent final rejection under the conditions set forth at 37
CFR 1.129(a).
Used by the USPTO to automatically withdraw the finality of the
final rejection when the conditions of 37 CFR 1.129(a) have been
met.
Used by the USPTO to automatically withdraw the finality of the
subsequent final rejection when the conditions of 37 CFR
1.129(a) have been met.






2

PATENTS 0651-00xx
Matters Related to Patent Appeals
60-Day FRN published 1/4/2012; public comment period ended 3/5/2012. Supporting
Statement in Progress (Items are currently covered under 0651-0031 and will be
transferred into this collection once it is established).
Matters Related to Patent Appeals - Requirement

Statute

Rule

Notice of Appeal (paper and electronic)

35 U.S.C. §134

37 CFR 1.191

Request for Oral Hearing Before the Board of Patent
Appeals and Interferences (paper and electronic)

35 U.S.C. §134

37 CFR 1.194(b)

Matters Related to Patent Appeals Form and Function

Form #

Needs and Uses

Notice of Appeal

PTO/SB/31




Used by the applicant to file a Notice of Appeal.
Used by the USPTO to ensure that applicants comply with
regulations when filing a Notice of Appeal.

Electronic Notice of Appeal

PTO/SB/31




Used by the applicant to file a Notice of Appeal electronically.
Used by the USPTO to ensure that applicants comply with
regulations when filing a Notice of Appeal.

Request for Oral Hearing Before the
Board of Patent Appeals and
Interferences

PTO/SB/32



Used by the applicant to file a written request in a separate paper
for an oral hearing before the Board.
Used by the USPTO to process and consider the request for an
oral appeal hearing.

Electronic Request for Oral Hearing
Before the Board of Patent Appeals and
Interferences

PTO/SB/32




Used by the applicant to electronically file a written request in a
separate paper for an oral hearing before the Board.
Used by the USPTO to process and consider the request for an
oral appeal hearing.



3