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Rule XXXII. Petition for review.

The petition for review shall be addressed to this court and shall contain a concise statement of (a) the basis on which the party filing the petition claims entitlement to review under headnote 6 to schedule 8, part 4, of the Tariff Schedules of the United States; and (b) the errors of law complained of. Attached to the petition, as an exhibit, shall be a copy of the finding or findings of the Secretary of Commerce of which review is sought, and of the Secretary's statement of the reasons therefor, as published in the Federal Register. Such petition shall be accompanied by the filing fee of $15.00.

Rule XXXIII. Record and briefs.

(1) Within 40 days of receipt of a copy of the petition, the Secretary of Commerce shall certify to this court a copy of the record in the proceedings before him. Within 20 days after this record has been received by the court the appellant shall file with the Clerk a statement of the parts of the record he proposes to have printed with proof of service on the appellee. Within 10 days after the filing of appellant's statement, the appellee shall serve and file a statement of the parts of the record not included in appellant's statement which appellee desires to have printed. If appellee does not do so, he shall be held to have consented to a hearing on a printed record consisting of the parts designated by the appellant. Only those parts so designated by one or both of the parties shall be printed. Instead of filing the statements as above presented, both parties may by written stipulation filed with the Clerk within 20 days after the filing of the record designate the parts of the record to be printed.

(2) The appellant shall be responsible for printing those parts of the record so indicated by both parties; however, if appellant considers that any parts designated by appellee are not material to the questions presented and so notifies the appellee in writing, suitably identifying the parts, the appellee, if he wishes any of these parts printed, shall have them printed as a supplement to the transcript of record at the appellee's expense.

(3) 25 copies of the printed record shall be filed at the time of the filing of the appellant's brief as provided in paragraph 4 of this rule unless the parties by stipulation filed at the time of filing of appellant's brief agree that the record shall be printed after both appellant's brief and appellee's brief have been filed, or unless the court shall so order. The appellant shall serve 5 copies of the printed record on counsel for appellee.

(4) The appellant shall serve and file his brief within 60 days after the date on which the record is filed with the Clerk of this court. The appellee shall serve and file his brief within 30 days after service of the brief of appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee, but, except for good cause shown, no reply brief may be filed later than 3 days before argument. 25 copies of each brief shall be filed with the Clerk unless otherwise ordered

by the court, and 5 copies of each brief shall be served on counsel for each party separately represented. No brief will be accepted after expiration of the time specified herein except that such period may be extended upon stipulation or motion duly made if such extension will not delay the assignment of the case for argument.

(5) A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of court granted on motion. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. A motion of an amicus curiae for leave to participate in the oral argument will be granted only for extraordinary reasons.

(6) All records and briefs printed for use of the court under this rule may be produced by standard typographic printing or by any multilith or offset duplicating or copying process capable of producing a clear black image on white paper. Carbon copies of any records or briefs may not be submitted without permission of the court. All printed matter must appear in at least 11 point type on opaque, unglazed paper. The record and briefs shall be bound and have pages 7% x 104 inches and typed matter 4% x 7% inches. If footnotes are included, they may not be printed in type smaller than 9 point. The Clerk may refuse to file any record or brief which has been printed otherwise than in substantial conformity with this rule.

(7) The cover of the transcript of record shall be gray; the cover of the brief of the appellant shall be yellow; that of the appellee blue; that of an amicus curiae green; that of any reply brief gray.

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That such proceedings were had in said office upon said application; that on the day of ---19, it was rejected by the board of appeals and a patent for said invention was refused him.

That on the ______ day of _-----, 19, your petitioner, pursuant to sections 4912 and 4913, Revised Statutes, United States, gave notice to the Commissioner of Patents of his appeal to this honorable court from his refusal to issue a patent to him for said invention upon said application as aforesaid, and filed with him, in writing, the special reasons of appeal hereinafter included.

That the Commissioner of Patents has furnished him a certified transcript of the record and proceedings relating to said application for patent, including the notice and reasons of appeal, which transcript is filed herewith and is to be deemed and taken as a part hereof.

Wherefore your petitioner prays that his said appeal may be heard upon and for the reasons assigned therefor to the commissioner as aforesaid,

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of invention to said --- as aforesaid, and filled with him, in writing, the special reasons of appeal hereinafter included.

That the Commissioner of Patents has furnished your petitioner a certified transcript of the record and proceedings relating to said interference case, including the notice and reasons of appeal, which transcript is filed herewith and is to be deemed and taken as a part hereof.

Wherefore your petitioner prays that his said appeal may be heard upon and for the reasons assigned therefor to the commissioner, as aforesaid, and that said appeal may be determined and the decision of the commissioner be revised and reversed, that justice may be done in the premises.

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la. Continuation of corporation; incorporators; powers and duties.

2. Name of corporation; powers.

3. Purposes of corporation.

4. Repealed.

4a. Membership; status of chapters; rules and regulations governing chapters; election of officers. Board of Governors; number; election; tenure; filling vacancies; annual meetings; voting by proxy.

Reports; account audit by Department of Defense. Reimbursement of Department of Defense for auditing expenses.

8. Reservation of right to amend or repeal certain sections.

Endowment fund.

10 to 12. Repealed.

13. Permanent building at headquarters in Washington,

D. C.

Use of buildings in Washington, D. C.

Memorial building to Women of World War I; expenditures; supervision.

16. Exchange of Government-owned cotton for articles containing wool.

17 to 17b. Repealed.

Damage by flood or other catastrophe, responsibilities of American National Red Cross unaffected by provisions, see section 1855c of Title 42, The Public Health and Welfare.

Operation of American Red Cross vessels under Neutrality Act of 1939, see section 444 of Title 22, Foreign Relations and Intercourse.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 1855c. § 1. Corporation created.

Clara Barton, Hilary A. Herbert, Thomas F. Walsh, Charles C. Glover, Charles J. Bell, Mabel T. Boardman, George Dewey, William R. Day, Nelson A. Miles, James Tanner, William K. Van Reypen, John M. Wilson, Simon Wolf, James R. Garfield, Gifford Pinchot, S. W. Woodward, Mary A. Logan, Walter Wyman, of Washington, District of Columbia; George H. Shields, of Missouri; William H. Taft, F. B. Loomis, Samuel Mather, of Ohio; Spencer Trask, Robert C. Ogden, Cleveland H. Dodge, George C. Boldt, William T. Wardwell, John G. Carlisle, George B. McClellan, Elizabeth Mills Reid, Margaret Carnegie, of New York; John H. Converse, Alexander Mackay-Smith, J. Wilkes O'Neill, H. Kirke Porter, of Pennsylvania; Richard Olney, W. Murray Crane, Henry L. Higginson, William Draper, Frederick H. Gillett, of Massachusetts; Marshall Field,

CROSS REFERENCES

Page 8857

47-500 0-71-vol. 826

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