be construed to include all the limitations of the claim incorporated by reference into the dependent claim. "(c) An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital in the claim of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification. (d) Where the nature of the case admits, any independent claim shall contain. in the following order: "(1) a preamble including a description of all the elements or steps of the claimed subject matter which are conventional or old, "(2) a phase such as 'wherein the improvement comprises,' and "(3) those elements, steps, and/or relationships among them and/or between them and the elements or steps set forth in the preamble, which constitute that portion of the subject matter of the claim embodying the inventive contribution. No claim shall consist of a mere aggregation of a number of old parts or elements, or steps, some or all of which, in the aggregation, perform or produce, or act together to perform or produce, no new or different function or operation than that theretofore performed or produced by such old parts or elements, or steps. Where an improvement is in one part or element of an old combination, or step of an old process, the improvement shall be claimed as such and shall not be claimed as a combination with other old parts or elements, or steps, which perform no new function in the combination. "(e) When the subject matter sought to be patented relates to a process involving the action of a micro-organism not already known and available to the public or to a product of such a process, the written description required by subsection (a) of this section shall be sufficient as to said microorganism, if— "(1) not later than the date that the United States application is filed, an approved deposit of a culture of the micro-organism is made by or on behalf of the applicant or his predecessor in title, and (2) the written description includes the name of the depository and its designation of the approved deposit and, taken as a whole, is in such descriptive terms as to enable any person skilled in the art to which such subject matter pertains to make and use the best mode known or contemplated by the inventor and applicant of making, using, and commercially working the same. An approved deposit shall be a deposit which **(1) is made in any public depository in the United States which shall have been designated for such deposits by the Commissioner of Patents by publication, and "(2) is available, except as otherwise prohibited by law, in accordance with such regulations as may be prescribed, "(A) to the public upon issuance of a United States patent to the applicant or his predecessor or successor in title which refers to such deposit, or (B) prior to publication of said patent, as specified in section 122 of this title. (f) For the dissemination of information and other purposes, the Commissioner, in accordance with such regulations as he establishes, may require a brief abstract of all or part of the application. The abstract shall not be used for interpreting the scope of any claims of a patent, nor shall it affect in any way the validity or infringement of the patent. " 113. Drawings "When the nature of the case admits, the applicant shall furnish a drawing. "114. Models, specimens "(a) The primary examiner may require the applicant to furnish a model of convenient size to exhibit advantageously the several parts of the subject matter sought to be patented. (b) The primary examiner may also require the applicant to furnish specimens or ingredients for the purpose of inspection or experiment. "(c) For the purpose of carrying into effect the provisions of this title with respect to any drug or subject matter for which therapeutic utility is asserted by the applicant, the Commissioner of the Food and Drug Administration shall, upon request of the Patent Office and notwithstanding any other provision of law: "(1) furnish all information of, and available to, the Food and Drug Administration, "(2) conduct through the appropriate bureau or division of the Food and Drug Administration research upon special problems (including evaluation of the utility, safety, or efficacy of such drugs), and "(3) detail to the Patent Office officers and employees of the Food and Drug Administration as may be necessary to accomplish the purposes of this title. "§ 115. Oath of invention "(a) The inventor, the applicant, if not the inventor, and each of the agents, or attorneys or other persons recognized under section 31 of this title who participated in the preparation or prosecution of the application, or in any other proceeding before the Patent Office, has an uncompromising duty to act with the highest degree of candor and good faith toward the Patent Office and to disclose to the Patent Office (i) all information known to him conconcerning possible fraud or inequitableness underlying the application in issue and (ii) all information known to him necessary to make the application as a whole not misleading. Additionally: "(1) Each inventor, at the time the application is filed, shall make oath that he believes himself to be the original and first inventor, and that he is aware of no prior public use or other material information which would adversely affect the issuance of the patent to the applicant; and shall state of what country he is a citizen. The inventor, after the notice of allowance, shall reaffirm the original oath and further make oath that he is aware of no prior art or other information that he in good faith believes to be more pertinent than that considered by the Patent Office. In an application for patent for an invention naming two or more inventors, each inventor shall specifically identify to which claim or claims he had made an inventive contribution. "(2) Each applicant, if he is not the inventor, shall himself, or, in the case of a corporation or other business entity not a natural person, by one or more directors, officers, employees, or agents thereof who has knowledge of the subject matter covered by the oath and with authority to make an oath on behalf of the applicant, shall, after notice of allowance, make oath that he has no reason to believe the inventor not to be the original and first inventor, that he is aware of no prior art that he in good faith believes to be more pertinent than that considered by the Patent Office, and that he is aware of no prior public use or other material information which would adversely affect the issuance of the patent to him; such oath shall verify the statement of facts supporting the allegation of ownership of, or the right otherwise to file an application for, the subject matter sought to be patented. "(3) Each agent, attorney, or other person recognized under section 31 of this title who participated in the preparation or prosecution of the application as shall be required by the Commissioner for purposes of carrying out this section shall, after notice of allowance, file a statement that he has no reason to believe the inventor not to be the original and first inventor, that he is aware of no prior art that he in good faith believes to be more pertinent than that considered by the Patent Office, and that he is aware of no prior public use or other material information which would adversely affect the issuance of the patent to the applicant. "(b) The Commissioner shall prescribe such rules and regulations as may be necessary or proper for carrying out the purposes of this section, including the form and content of any oath and statement herein required. "(c) Whenever an inventor, applicant, agent, attorney, or other person recognized under section 31 of this title refuses to execute any oath or statement required by subsection (a) of this section, or cannot be found or reached after diligent effort, the inventor or a person to whom the inventor has assigned or agreed in writing to assign the subject matter sought to be patented, or who otherwise shows sufficient proprietary interest in the matter justifying such action, shall file in lieu of said oath or statement an affidavit proving the pertinent facts and showing that such action is necessary to preserve his rights or to prevent irreparable damage. "(d) The applicant of an application filed pursuant to section 117 of this title shall make the oath required by subsection (a) of this section, so varied in form that it can be made by him. "(e) Every oath or statement required by subsection (a) of this section shall be submitted not later than the time of payment of the fee required under the provisions of section 151 (a) of this title. "$116. Joint inventors "(a) When two or more persons have made inventive contributions to subject matter claimed in an application, they shall apply for a patent jointly and each sign the application and make the required oath, or, if the application is filed by some other person having the right to do so, they shall be named as the inventors. "(b) In an application for patent naming two or more inventors, it shall not be necessary for each person named as an inventor to be a joint inventor of the subject matter asserted in any claim. "(c) If a joint inventor refuses to join another inventor in an application for patent, or cannot be found or reached after diligent effort, the application may, subject to the requirements of section 111 of this title, be made by the other inventor on behalf of himself and the omitted inventor. The Patent Office, in such proceedings as the Commissioner shall by regulation prescribe and after notice to the omitted inventor as he prescribes, may grant a patent to the inventor making the application, subject to the same rights which the omitted inventor would have had if he had been joined. The omitted inventor may subsequently join in the application. "117. Death or incapacity of inventor "Legal representatives of deceased inventors and of those under legal incapacity may make application for patent upon compliance with the requirements and on the same terms and conditions applicable to the inventor, and may proceed on behalf of the inventor under the provisions of section 111 (d) of this title. "$119. Benefit of earlier filing date in foreign country; right of priority "(a) If an applicant seeks to obtain a patent on subject matter disclosed in an application previously filed in a foreign country, he shall, subject to the provisions of this section, be entitled to such earlier foreign filing date, if— “(1) such foreign application was filed by the applicant, or the predecessor or successor in title thereto; and "(2) the subject matter common to the two applications, and on which the applicant seeks a United States patent, was expressly disclosed in such foreign application in the manner required by section 112(a) of this chapter; and (3) the subject matter of the two applications has the same inventor for the common claims thereof; and "(4) the application filed in the United States was filed within twelve months after the earliest date on which such foreign application was filed: and "(5) such foreign application was regularly filed in a foreign country which affords similar privileges in the case of applications filed in the United States or to citizens of the United States. "(b) No application shall be entitled to a right of priority under this section unless a claim therefor is made in the specification at the time of filing the application, and a certified copy of the original foreign application, specification, and drawings, upon which it is based is filed in accordance with regulations established by the Commissioner, not later than the time of payment of the fee specified in section 151 of this title. An applicant shall not be required to file such certified copy earlier than three months after the actual filing date of the application in the United States. Certification shall be made by the Patent Office of the foreign country in which filed and show the date of the application and of the filing of the specification and other papers. The Commissioner may require translation of the papers filed if not in the English language and such other information as he deems necessary. "(c) In like manner and subject to the same conditions and requirements, the right provided in this section may be based upon a subsequent regularly filed application in the same foreign country instead of the first filed foreign application: Provided, That any foreign application filed prior to such subsequent application has been withdrawn, abandoned, or otherwise disposed of without having been laid open to public inspection and without leaving any rights outstanding, and has not served, nor thereafter shall serve, as a basis for claiming a right of priority. "(d) When the application claiming priority under this section, discloses subject matter relating to a process involving the action of a micro-organism not already known and available to the public or to a product of such a process and an approved deposit is made under section 112(e) of this title, the approved deposit shall be considered to have been made on the earliest date that an application in a foreign country, the priority of which is being claimed, contains a reference identifying a deposit of the same micro-organism made in a public depository. "(e) Applications for inventors' certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent or for an inventor's certificate shall be treated in this country in the same manner and have the same effect for purpose of the right of priority under this section as applications for patent, subject to the same conditions and requirements of this section as apply to applications for patent: Provided, That such applicants are entitled to the benefits of the Stockholm Revision of the Paris Convention at the time of such filing. "§ 120. Benefit of earlier filing date in the United States "(a) If an applicant seeks to obtain a patent on subject matter disclosed in an application previously filed in the United States, he shall, subject to the provisions of section 104 of this title, be entitled to the benefit of such earlier filing date, if— "(1) the subject matter common to the two applications, and on which he seeks a patent in the later application, was expressly disclosed, in the manner required by section 112(a) of this chapter, in the previous application; and "(2) the subject matter of the two applications has the same inventor for the common claims thereof; and "(3) the applicant specifically claims in the specification the benefit of the date of filing the previous application for the subject matter claimed in the second application, at the time he files the second application; and "(4) the second application is filed prior to the earlier of- "(B) the abandonment thereof, or “(C) the termination of proceedings therein, or "(D) the filing by the applicant of an appeal under section 134 of this title therein, or "(E) one year from the public availability of the subject matter disclosed in the previous application under section 122 of this chapter (or, in the case of deferred examination of the previous application, pursuant to chapter 18 of this title, one year from the commencement of examination of the previous application). "(b) Subject to the limitations of this section, if the previous application referred to in subsection (a) of this section is entitled to the benefit of the date of an application in a foreign country under section 119 of this chapter, with respect to the subject matter sought to be patented in the later application, then the later application referred to in subsection (a) of this section shall be entitled to the benefit of such date. "(c) When any applicant who seeks to obtain the benefit of an earlier filing date has made any changes in the specification of the later application, with respect to the allegedly common subject matter, the burden shall be on such applicant to persuade the Office that the subject matter of such changes was expressly disclosed in the previous application. Whenever the applicant includes new matter in an application, for which he seeks the benefit provided by subsection (a) of this section, the applicant shall particularly point out whatever new matter he adds, designated as such, in a separate portion of the specification; and such matter shall not enjoy the benefit provided by said subsection. "§ 122. Public availability, publication, and confidential status of application "(a) The Commissioner shall, prior to the date of first examination, in accordance with such regulations as he may prescribe, promptly index and make available for public inspection and copying all pending applications for patent, and any papers filed during the prosecution thereof, except as provided in subsection (b) of this section. Abandoned patent applications, and any papers filed during the prosecution thereof, shall be indexed and maintained available for public inspection and copying. "(b) The Commissioner may keep such pending applications and papers (including new matter in continuing applications as designated by the applicant pursuant to section 120 (c) of this chapter) secret until completion of review, if any, of the application, pursuant to section 181 of this title. No such period of secrecy shall exceed six months from the actual filing date of the application in the United States, or, in the case of new matter in a continuing application (designated as new matter by the applicant pursuant to section 120 (c) of this chapter), six months from the date of filing said continuing application, unless the application has been ordered to be kept secret pursuant to section 181 of this title. "(c) Under regulations prescribed by the Commissioner, a pending application for patent shall be published promptly after such application is made available for public inspection and copying pursuant to subsection (a) of this section. Where necessary to correct formal defects, action may be taken under sections 132 and 133 of this title to place the application in condition for publication. "Sec. "CHAPTER 12.-EXAMINATION OF APPLICATION "131. Examination of application. "132. Examination proceedings. "133. Time for prosecuting application. "134. Appeal to the Board of Appeals. "135. Examination or reexamination on the basis of patents, publications, or information, cited or furnished by others. "136, Procedures in priority of invention contest. "137. Participation of parties. *138. Effect of proceedings before Patent Office. 139. Settlement agreements. "140. Burden of persuasion. "$ 131. Examination of application "(a) The Commissioner shall cause an examination to be made of the application and the subject matter sought to be patented, in an examination proceeding, as specified in section 132 of this chapter. If on such examination it appears that the applicant is entitled to a patent under the law, the Commissioner shall issue a patent therefor. "(b) The applicant shall, pursuant to such rules and within such time as the Commissioner shall prescribe, submit: "(1) copies of or citations to those patents, publications, or other prior art or evidence of the state of the art which the applicant has considered in connection with such application for patent, the disclosure of which is necessary to make the application as a whole not misleading; and "(2) an explanation as to why the claims in such application are patentable over such matter. The applicant shall, if he considered no specific prior art in connection with his application, submit a statement to that effect and an explanation as to why he believes that the claims in such application are patentable. In any proceeding in which alleged fraud or misuse is predicated upon failure to comply with this subsection, the burden of proof shall be upon the party asserting such fraud or misuse. 8 132. Examination proceedings "(a) The Commissioner shall provide for the assignment of applications to primary examiners, in accordance with such general system of technical |