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INTERFERENCE PRACTICE

u.s.Com

HEARINGS

BEFORE THE

THE LIBRART U
CONGRESS
SERIAL COR

MAY 1 1944

COMMITTEE ON PATENTS Copy....

HOUSE OF REPRESENTATIVES

SEVENTY-EIGHTH CONGRESS

SECOND SESSION

ON

H. R. 3264

TO AMEND THE PATENT LAWS WITH RESPECT TO
PRACTICE IN INTERFERENCE CASES

GOVT. SOURCE

97151

FEBRUARY 24, 1944

Printed for the use of the Committee on Patents

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1944

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CONTENTS

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H. R. 3264, text of bill..

Proposed amendments__.

List of witnesses:

Otto R. Barnett__

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Benjamin T. Rauber, article, Proposed Patent Law Reform_
Charles W. Rivise, statement and exhibits..

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44-5135

REVISION OF PATENT OFFICE INTERFERENCE PRACTICE

THURSDAY, FEBRUARY 24, 1944

HOUSE OF REPRESENTATIVES,
COMMITTEE ON PATENTS,
Washington, D. C.

The committee met, pursuant to notice, at 10 a. m., Hon. Fritz G. Lanham, presiding.

Present: Representatives Lanham (presiding), Wolverton, Hartley, Hale, Stevenson, Klein, Miller, Busbey, and Rowan.

Also present: Representative Ralph E. Church.

(The bill under consideration, H. R. 3264, is as follows:)

78TH CONGRESS H. R. 3264

1ST SESSION

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 20, 1943

Mr. CHURCH introduced the following bill; which was referred to
the Committee on Patents

A BILL

To amend the patent laws with respect to practice in interference
cases, and for other purposes.

Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That section 482 of the Revised Statutes, as amended
(U. S. C., 1940 edition, title 35, sec. 7), is amended by
5 striking out the words "and in interference cases" so that
such section shall read as follows:

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"SEC. 482. The examiners in chief shall be persons of 8 competent legal knowledge and scientific ability. The Com9 missioner of Patents, the first assistant commissioner, the 10 assistant commissioners, and the examiners in chief shall 11 constitute a board of appeals, whose duty it shall be, on

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written petition of the appellant, to review and determine upon the validity of the adverse decisions of examiners upon 3 applications for patents and for reissues of patents. Each

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4 appeal shall be heard by at least three members of the board
of appeals, the members hearing such appeal being designated
6 by the Commissioner. The board of appeals shall have sole
7 power to grant rehearings."

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SEC. 2. Section 4904 of the Revised Statutes, as amended (U. S. C., 1940 edition, title 35, sec. 52), is 10 amended to read as follows:

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