SEC Comment Letter for Anixa Biosciences Inc (ANIX) (CIK 0000715446) (ANIX) — Sep 28, 2010
Anixa Biosciences Inc (ANIX) (CIK 0000715446)
Date: Sept. 28, 2010 · CIK: 0000715446 · Accession: 0000000000-10-057069
AI Filing Summary & Sentiment
Reasoning
Letter
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549-0303 DIVISION OF CORPORATION FINANCE Mail Stop 3628 September 28, 2010 By Facsimile and U.S. Mail Michael Schwamm, Esq. Duane Morris LLP 1540 Broadway New York, NY 10036-4086 Re: Copytele, Inc. Definitive Proxy Statement on Schedule 14A Filed September 27, 2010 File No. 0-11254
Dear Mr. Schwamm:
We have the following comment on the above referenced filing:
1. We note the Committee to Enhance Copytele filed a preliminary proxy statement on May 28, 2010, so it appears that Copytele was awar e of the Committee to Enhance Copytele’s intent to nominate directors. It appears th at Copytele should have filed its proxy statement in preliminary form. See Rule 14a-6(a) and Telephone Interpretation G.2. in the July 2001 Supplement to the Division of Corporation Finance’s Manual of Publicly Available Telephone Interpretations. Please explain s upplementally why you believe the company was eligible to file its proxy statement in definitive form under Rule 14a-6(a)(1) when the staff has stated publicly that it is inconsistent with Rule 14a-9 when the initial definitive proxy statement does not disclose the existenc e of a solicitation in opposition when the registrant knows, or reasonably shou ld know, of a solici tation in opposition.
Please respond to our comment promptly. You should furnish a response letter and you should transmit the letter via EDGAR under th e label “CORRESP.” In the event that you believe that compliance with any of the above comments is inappropriate , provide a basis for such belief to the staff in the response letter.
Michael Schwamm, Esq. Duane Morris LLP September 28, 2010 Page 2 Please direct any questions to me at ( 202) 551-3411. You may also contact me via facsimile at (202) 772-9203. Please send all correspondence to us at the following ZIP code: 20549-3628. Sincerely, Peggy Kim S p e c i a l C o u n s e l Office of Mergers & Acquisitions
Show Raw Text
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549-0303
DIVISION OF
CORPORATION FINANCE
Mail Stop 3628
September 28, 2010
By Facsimile and U.S. Mail
Michael Schwamm, Esq. Duane Morris LLP 1540 Broadway New York, NY 10036-4086
Re: Copytele, Inc. Definitive Proxy Statement on Schedule 14A
Filed September 27, 2010 File No. 0-11254
Dear Mr. Schwamm:
We have the following comment on the above referenced filing:
1. We note the Committee to Enhance Copytele filed a preliminary proxy statement on May
28, 2010, so it appears that Copytele was awar e of the Committee to Enhance Copytele’s
intent to nominate directors. It appears th at Copytele should have filed its proxy statement
in preliminary form. See Rule 14a-6(a) and Telephone Interpretation G.2. in the July 2001
Supplement to the Division of Corporation Finance’s Manual of Publicly Available
Telephone Interpretations. Please explain s upplementally why you believe the company
was eligible to file its proxy statement in definitive form under Rule 14a-6(a)(1) when the
staff has stated publicly that it is inconsistent with Rule 14a-9 when the initial definitive
proxy statement does not disclose the existenc e of a solicitation in opposition when the
registrant knows, or reasonably shou ld know, of a solici tation in opposition.
Please respond to our comment promptly. You should furnish a response letter and you
should transmit the letter via EDGAR under th e label “CORRESP.” In the event that you
believe that compliance with any of the above comments is inappropriate , provide a basis for
such belief to the staff in the response letter.
Michael Schwamm, Esq.
Duane Morris LLP September 28, 2010 Page 2
Please direct any questions to me at ( 202) 551-3411. You may also contact me via
facsimile at (202) 772-9203. Please send all correspondence to us at the following ZIP code: 20549-3628. Sincerely, Peggy Kim S p e c i a l C o u n s e l Office of Mergers & Acquisitions