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to the Commissioner. It shall be the duty of the respondent to answer the charges as specified in paragraph (c) of this rule.

(c) Answer. The respondent's answer shall be filed in writing with the Commissioner within thirty days from the time the notice is served on the respondent, or within such extension of time as may be allowed by the Commissioner for good cause shown. The answer shall be under oath. Failure to answer within the time allowed will be taken as an admission of the charges. The respondent in his answer should specifically admit or deny every material allegation of fact in the statement of charges; every allegation not denied shall be deemed admitted, unless the respondent states that he has no knowledge thereof sufficient to form a belief, which statement shall be considered a denial. Any special matters of defense shall be stated affirmatively in the answer. False statements in the answer may be made the basis of supplemental charges.

(d) Hearing. Unless the Commissioner finds the answer sufficient to dispose of the charges, he will set the case for hearing before him, notifying the respondent and the Solicitor of the place, day and time of commencement of the hearing. Evidence as to the matters in issue may be submitted at the hearing, the testimony of witnesses being presented orally, under oath and reported.

The hearing may be advanced and continued by the Commissioner, as far as may be deemed convenient and proper.

Depositions for use at the hearing in lieu of personal appearance of witnesses may be taken by either the Solicitor or the respondent on application to and with the written consent of the Commissioner within such times and under such conditions as the Commissioner may prescribe.

(e) Hearing officer. The Commissioner may, in his discretion, delegate the conduct of the hearing to a hearing or trial examiner who shall be the presiding officer and who shall make a recommended decision.

(f) Administrative Procedure Act. Proceedings shall be governed, in matters not specifically set forth herein, by the provisions of the Administrative Procedure Act, 60 Stat. 237, 5 U. S. C. 10011011, which may be applicable.

35 U. S. C. 31. Regulations for agents and attorneys. The Commissioner, subject to the approval of the Secretary of Commerce, may prescribe regulations governing the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Patent Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office.

35 U. S. C. 32.

Suspension or exclusion from practice. The Commissioner may, after notice and opportunity for a hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 31 of this title, or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the Office. The reasons for any such suspension or exclusion shall be duly recorded. The United States District Court for the District of Columbia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Commissioner upon the petition of the person so refused recognition or so suspended or excluded.

35 U. S. C. 33. Unauthorized representation as practitioner. Whoever, not being recognized to practice before the Patent Office, holds himself out or permits himself to be held out as so recognized, or as being qualified to prepare or prosecute applications for patent, shall be fined not more than $1,000 for each offense.

AMENDMENT OF RULES

351. Amendments to rules will be published. All amendments to these rules will be published in the Official Gazette and in the Federal Register.

When

352. Publication of notice of proposed amendments. ever required by law, and in other cases whenever practicable, notice of proposed amendments to these rules will be published in the Official Gazette and in the Federal Register. If not published with the notice, copies of the text will be furnished to any person requesting the same. All comments, suggestions, and briefs received within a time specified in the notice will be considered before adoption of the proposed amendments which may be modified in the light thereof.

Oral hearings may be held at the discretion of the Commissioner.

Forms

The following forms illustrate the manner of preparing various papers to be filed in the Patent Office. Applicants and other parties will find their business facilitated by following them. In special situations such alterations as the circumstances may render necessary may be made, provided they do not depart from the requirements of the rules or of the statute. Before using any form the pertinent rules of practice and sections of the statute should be studied carefully.

LIST OF FORMS

1. Petition for patent, by a sole inventor.

2. Petition for patent, by a sole inventor, for himself and assignee.

3. Petition for patent, by a sole inventor, with power of attorney.

4. Petition for patent, by joint inventors.

5. Petition for patent, by an administrator.

Petition for patent, by the guardian of an insane person.

Oath to accompany application for patent.

Oath to accompany application for patent, by an administrator (or

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7.

11.

12.

13.

14.

16.

17.

executor).

Oath not accompanying application.

Supplemental oath for amendment presenting claims for matter disclosed but not originally claimed.

Combined petition, oath and specification (single signature form), sole

inventor.

Oath in division or continuing application.

18. Oath in division or continuing application containing additional subject

matter.

21. Design patent application, petition.

22. Design patent application, specification.

23. Design patent application, oath.

25. Plant patent application, petition.

26. Plant patent application, oath.

28. Reissue application, petition, by the inventor.

29. Reissue application, petition, by the assignee.

31. Reissue application, oath, by the inventor.

32. Reissue application, oath, by the assignee.

33. Oath as to loss of letters patent.

36. Power of attorney or authorization of agent, not accompanying application. 37. Revocation of power of attorney or authorization of agent.

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41. Appeal from Principal Examiner to the Board of Appeals.

43. Disclaimer in patent.

44. Interference, preliminary statement of domestic inventor.

45. Interference, preliminary statement of foreign inventor. 46. Interference, disclaimer during interference.

47. Interference, notice of taking testimony.

48. Interference, form of deposition.

49.

Interference, certificate of officer to follow deposition.

51. Notice of appeal to court, ex parte.

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patent may be granted to him for the improvement in forth in the following specification.

[The specification and oath follow the petition.]

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2. Petition for patent, by a sole inventor, for himself and assignee.

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3. Petition for patent, by a sole inventor, with power of attorney.

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(or agent), to prosecute this application and to transact all business in the Patent Office connected therewith.

4. Petition for patent by joint inventors.

To the Commissioner of Patents:

Your petitioners,

and of

and

State of

1119

citizens of the United States and residents, respectively, of--. of State of (or subjects, etc.), whose post-office addresses are, respectively, and pray that letters patent may be granted to them, as joint inventors, for the improvement in set forth in the following specification.

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