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United States Patent and Trademark Office
Performance and Accountability Report Fiscal Year 2003
Financial Section

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NOTE 12. Commitments and Contingencies

Commitments

In addition to the future lease commitments discussed in Note 7, the USPTO is obligated for the purchase of goods and services that have been ordered, but not yet received. Total undelivered orders for all of the USPTO’s activities were $258,310 thousand and $234,788 thousand as of September 30, 2003 and 2002, respectively. Of these amounts, $230,079 thousand and $198,370 thousand, respectively, were unpaid.

Contingencies

The USPTO is a party to various routine administrative proceedings, legal actions, and claims brought by or against it, including threatened or pending litigation involving labor relations claims, some of which may ultimately result in settlements or decisions against the Federal Government. As of September 30, 2003, management expects that it is reasonably possible that approximately $450 thousand may be owed for awards or damages involving labor relations claims and there are other unasserted claims where a range cannot be determined. During the year ended September 30, 2002, there was a $212 thousand payment from the Judgment Fund on behalf of the USPTO. Although the ultimate disposition of any potential Judgment Fund proceedings cannot be determined, management does not expect any liability or imputed costs that might ensue would be material to the USPTO’s financial statements.

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