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Testimony-Continued

Hornig, Donald F., Director, Office of Science and Technology, ac-

Page

companied by David Z. Beckler.--.

155

Kincaid, John F., Assistant Secretary for Science and Technology,

Department of Commerce

517

McKie, Edward F., Jr., chairman-elect, Patent, Trademark and Copy-

right Law Section, American Bar Association, accompanied by

William E. Schuyler, Jr., chairman, Section's Committee on Patent

System Policy Planning, ABA...

297, 451

Malloy, John M., Deputy Assistant Secretary of Defense (Procure-

ment), accompanied by Stanley Nissel, Office of General Counsel,

Department of Defense, and Albert H. Helvestine, patent counsel for

the Department of the Navy-

227

Metcalf, George F., vice president, Aerospace Group, Martin Marietta

Corp., on behalf of the Chamber of Commerce of the United States,

accompanied by E. W. Adams, Jr., patent attorney director, Bell

Telephone Laboratories, Inc..

638

Neuman, Sidney, Pendleton, Neuman, Seibold & Williams, and mem-

ber of the President's Commission.

283

Pepper, Hon. Claude D., U.S. Representative in Congress from the

State of Florida, accompanied by William Arthur Roberts, legisla-

tive assistant..

323

Pugsley, Frank B., president of the American Patent Law Association,

accompanied by Leonard B. Mackey, chairman, Committee on

Patent Law, APLA..

399

Rabinow, J., president, Rabinow Engineering Division, Control Data

Corp.

213

Rifkind, Judge Simon H., Cochairman of the President's Commission

on the Patent System.

167

Turner, Hon. Donald F., Assistant Attorney General, Antitrust Divi-

sion, Department of Justice, accompanied by Richard H. Stern,

Antitrust Division, Department of Justice.

135, 619

Zeidman, Philip F., General Counsel, Small Business Administration,

accompanied by Eugene J. Davidson, Assistant General Counsel,

SBA.

186

Statements-

Aerospace Industries Association of America, Inc.

651

American Association of Registered Patent Attorneys and Agents. - 657

American Seed Trade Association and National Council of Commercial

Plant Breeders -

661

American Society of Inventors.

664

Anderegg, J. Philip-

677

Arant, Gene W.

680

Atlantic Research Corp-

681

Automobile Manufacturers Association, Inc.-

Bar Association of the District of Columbia.

687

Bell Telephone Laboratories

692

Cleveland Patent Law Association.

696

Colorado Bar Association....

Commerce, Department of, letter January 24, 1968, to Senator

Eastland.

485

Computer Usage Company, Inc-

718

DeLio, Anthony P., patent attorney, DeLio & Montgomery

364

Dero Research and Development Corp-..

719

Dorfmeyer, Robert E., vice president-corporate development, Glidden

Co.

720

Dubilier, William.

721

Foremost Foods Co...

722

Haddon, Roy D., director of manufacturing, Griffin Pipe Products

Co..

724

Hull, Francis R

725

Manufacturing Chemists Association..

729

Maumee Chemical Co..

737

Meyer, Harold S..

741

National Association of Manufacturers.

756

National Patent Council, Inc.--

National Society of Professional Engineers..

759

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762

Statements-Continued

New Jersey Patent Law Association...
Pennington, Hon. Brooks, State senator of Georgia and president,

808 772 783

449
784
787

Pennington Grain & Seed, Inc.
Philadelphia Patent Law Association..
Poehlman, Prof. J. M., University of Missouri College of Agriculture-
Poff, Hon. Richard H., U.S. Representative in Congress from the State

of Virginia
Robinson, Murray
Rotoflow Corp
Sloan, Arthur W., chairman of the board and chief executive officer

of Atlantic Research Corp-
State bar of Texas...
Stauffer Chemical Co..
Stephens, Hon. Robert G., Jr., U.S. Representative in Congress from

the State of Georgia, letter February 20, 1968, enclosing letter of
January 29, 1968, from State Senator Brooks Pennington with copy
of memo to Seedsmen, January 16, 1968;

and letter of January 18, 1968, from William H. Wright, president, Tri-Chek Seeds, Iuc.Toledo Patent Law Association --Watson, Robert C., former Commissioner of Patents. Westinghouse Electric Corp---Wonneman, Roman F... Wright, William H., president, Tri-Chek Seeds, Inc.

681 791 803

808 810 810 828 831 809

GENERAL REVISION OF THE PATENT LAWS

MONDAY, APRIL 17, 1967

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE No. 3 OF THE
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 2226, Rayburn House Office Building, the Honorable Robert W. Kastenmeier presiding.

Present: Representatives Kastenmeier, Edwards, Poff, and Roth.

Also present: Herbert Fuchs, counsel to the subcommittee; and John W. Dean III, associate counsel.

Mr. KASTENMEIER. The subcommittee will come to order.

The subcommittee meets today to begin its hearing on H.R. 5924, submitted by the President of the United States, for the general revision of the patent laws.

(H.R. 5924 is as follows:)

(H.R. 5924, 90th Cong., first sess.) A BILL For the general revision of the Patent Laws, title 35 of the United States Code,

and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 35 of the United States Code, entitled “Patents”, is hereby amended in its entirety to read as follows:

"TITLE 35—PATENTS "PART

"I. PATENT OFFICE "II. PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS. "III. PATENTS AND PROTECTION OF PATENT RIGHTS.

Sec.

1 100 251

“PART I–PATENT OFFICE "CHAPTER "1. ESTABLISHMENT, OFFICERS, FUNCTIONS. "2. PROCEEDINGS IN THE PATENT OFFICE "3. PRACTICE BEFORE TH) PATENT OFFICE "4. PATENT FEES

Sec.

1 21 31

“Chapter 1.-ESTABLISHMENT, OFFICERS, FUNCTIONS

"Sec.
"1. Establishment.
"2. Seal.
"3. Officers and employees.
"4. Restrictions on officers and employees as to interest in patents.
“5. Bond of Commissioner and other officers.
“6. Duties of Commissioner.
"7. Board of Appeals.
"8. Library.
"9. Classification of patents.
"10. Certified copies of records.
"11. Publications.
"12. Research and studies.
"15. Advisory Council on the patent system.

“8 1. Establishment

“The Patent Office shall be an Office in the Department of Commerce, where records, books, drawings, specifications, and other papers and things pertaining to patents and to trademark registrations shall be kept and preserved, except as otherwise provided by law. “8 2. Seal

"The Patent Office shall have a seal with which letters patent, certificates of trademark registrations, and papers issued from the Office shall be authenticated. "83. Officers and employees

“(a) There shall be in the Patent Office a Commissioner of Patents, one first assistant commissioner, two other assistant commissioners, and not more than twenty-four examiners-in-chief. The assistant commissioners shall perform the duties pertaining to the office of Commissioner assigned to them by the Commissioner. The first assistant commissioner, or, in the event of a vacancy in that office, the assistant commissioner senior in date of appointment, shall fill the office of Commissioner during a vacancy in that office until a Commissioner is appointed and takes office. The Commissioner of Patents shall be appointed by the President, by and with the advice and consent of the Senate. The Secretary of Commerce, upon the nomination of the Commissioner in accordance with law, shall appoint all other officers and employees.

“(b) The Secretary of Commerce may vest in himself the functions of the Patent Office and its officers and employees specified in this title and may from time to time authorize their performance by any other officer or employee.

"(c) The Secretary of Commerce is authorized to fix the per annum rate of basic compensation of each examiner-in-chief in the Patent Office at not in excess of the maximum scheduled rate provided for positions in grade 17 of the General Schedule of positions referred to in section 5104 of title 5, United States Code, and of the assistant commissioners at not in excess of the rate provided for positions in grade 18. “8 4. Restrictions on officers and employees as to interest in patents

"Officers and employees of the Patent Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment. "g 5. Bond of Commissioner and other officers

“The Commissioner and such other officers as he designates, before entering upon their duties, shall severally give bond, with sureties, the former in the sum of $10,000, and the latter in sums prescribed by the Commissioner, conditioned for the faithful discharge of their respective duties and that they shall render to the proper officers of the Treasury a true account of all money received by virtue of their offices. "g 6. Duties of Commissioner

“The Commissioner, under the direction of the Secretary of Commerce, shall superintend or perform all duties required by law respecting the granting and issuing of patents and the registration of trademarks; and he shall have charge of property belonging to the Patent Office. He may establish regulations, not inconsistent with law, for the conduct of proceedings in the Patent Office. Such regulations and all other regulations issued pursuant to this title shall be subject to the approval of the Secretary of Commerce. “8 7. Board of Appeals

(a) The Commissioner, the assistant commissioners, and the examiners-inchief shall constitute a Board of Appeals in the Patent Office. The examinersin-chief shall be persons of competent legal knowledge and scientific ability, who shall be appointed under the classified Civil Service. “(b) The Board of Appeals shall :

“(1) Review adverse decisions of the examiners upon applications for patents as provided in section 134 of this title.

“(2) Review or consider actions arising under sections 136 and 257 of this title in accordance with regulations established for such purpose.

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