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  <FDSYS>
    <CFRTITLE>37</CFRTITLE>
    <CFRTITLETEXT>Patents, Trademarks, and Copyrights</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2005-07-01</DATE>
    <ORIGINALDATE>2005-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Suspension of action by the Office.</TITLE>
    <GRANULENUM>1.103</GRANULENUM>
    <HEADING>Section 1.103</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 37" SEQ="5">Patents, Trademarks, and Copyrights</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="4">UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE</PARENT>
      <PARENT HEADING="SUBCHAPTER A" SEQ="3">GENERAL</PARENT>
      <PARENT HEADING="PART 1" SEQ="2">RULES OF PRACTICE IN PATENT CASES</PARENT>
      <PARENT HEADING="Subpart B" SEQ="1">National Processing Provisions</PARENT>
      <PARENT HEADING="" SEQ="0">Examination of Applications</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 1.103</SECTNO>
    <SUBJECT>Suspension of action by the Office.</SUBJECT>
    <P>(a) <E T="03">Suspension for cause.</E> On request of the applicant, the Office may grant a suspension of action by the Office under this paragraph for good and sufficient cause. The Office will not suspend action if a reply by applicant to an Office action is outstanding. Any petition for suspension of action under this paragraph must specify a period of suspension not exceeding six months. Any petition for suspension of action under this paragraph must also include:</P>
    <P>(1) A showing of good and sufficient cause for suspension of action; and</P>
    <P>(2) The fee set forth in § 1.17(g), unless such cause is the fault of the Office.</P>
    <P>(b) <E T="03">Limited suspension of action in a continued prosecution application (CPA) filed under § 1.53(d).</E> On request of the applicant, the Office may grant a suspension of action by the Office under this paragraph in a continued prosecution application filed under § 1.53(d) for a period not exceeding three months. Any request for suspension of action under this paragraph must be filed with the request for an application filed under § 1.53(d), specify the period of suspension, and include the processing fee set forth in § 1.17(i).</P>
    <P>(c) <E T="03">Limited suspension of action after a request for continued examination (RCE) under § 1.114.</E> On request of the applicant, the Office may grant a suspension of action by the Office under this paragraph after the filing of a request for continued examination in compliance with § 1.114 for a period not exceeding three months. Any request for suspension of action under this paragraph must be filed with the request for continued examination under § 1.114, specify the period of suspension, and include the processing fee set forth in § 1.17(i).</P>
    <P>(d) <E T="03">Deferral of examination.</E> On request of the applicant, the Office may grant a deferral of examination under the conditions specified in this paragraph for a period not extending beyond three years from the earliest filing date for which a benefit is claimed under title 35, United States Code. A request for deferral of examination under this paragraph must include the publication fee set forth in § 1.18(d) and the processing fee set forth in § 1.17(i). A request for deferral of examination under this paragraph will not be granted unless:</P>
    <P>(1) The application is an original utility or plant application filed under § 1.53(b) or resulting from entry of an international application into the national stage after compliance with § 1.495;</P>
    <P>(2) The applicant has not filed a nonpublication request under § 1.213(a), or has filed a request under § 1.213(b) to rescind a previously filed nonpublication request;</P>
    <P>(3) The application is in condition for publication as provided in § 1.211(c); and</P>
    <P>(4) The Office has not issued either an Office action under 35 U.S.C. 132 or a notice of allowance under 35 U.S.C. 151.</P>
    <P>(e) <E T="03">Notice of suspension on initiative of the Office.</E> The Office will notify applicant if the Office suspends action by the Office on an application on its own initiative.</P>
    <P>(f) <E T="03">Suspension of action for public safety or defense.</E> The Office may suspend action by the Office by order of the Director if the following conditions are met:</P>
    <P>(1) The application is owned by the United States;</P>
    <P>(2) Publication of the invention may be detrimental to the public safety or defense; and</P>
    <P>(3) The appropriate department or agency requests such suspension.</P>
    <P>(g) <E T="03">Statutory invention registration.</E> The Office will suspend action by the Office for the entire pendency of an application if the Office has accepted a <PRTPAGE P="80"/>request to publish a statutory invention registration in the application, except for purposes relating to patent interference proceedings under part 41, subpart D, of this title.</P>
    <CITA>[65 FR 50104, Aug. 16, 2000, as amended at 65 FR 57056, Sept. 20, 2000; 67 FR 523, Jan. 4, 2002; 69 FR 49999, Aug. 12, 2004; 69 FR 56542, Sept. 21, 2004]</CITA>
  </SECTION>
</CFRGRANULE>
