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850 Official Gazette of the United States Patent and Trademark Office 1 (1968)

handle is hein.intprop/uspagaz0452 and id is 1 raw text is: U.S. DEPARTMENT OF COMMERCE OFFICIAL GAZETTE of the UNITED STATES PATENT OFFICE May 7, 1968 Volume 850 Number 1 PATENTS NOTICES Board of Appeals Decisions Rendered in the Month of March 1968 Examiner affirmed --------------------------------- 162 Examiner affirmed in part ------------------------ 32 Examiner reversed -------------------------------- 58 Total -------------------------------------- 252 TITLE 37-PATENTS, TRADEMARKS, AND COPYRIGHTS Chapter 1-Patent Office, Department of Commerce PART 1-RULES OF PRACTICE IN PATENT CASES PART 3-FORMS FOR PATENT CASES Amendment of Rules re New Defensive Publication Program; Additional Form Sections 1.11, 1.14, 1.101, 1.103 and 1.108 of Title 37 CFR (Patent Rules 11, 14, 101, 103 and 108) are amended or revised and a new J 1.139 (Pateitt Rule 139) is added to take effect May 1, 1968, for the purpose of instituting a new de- fensive publication program. A new section 3.50 is added for the purpose of implementing the new program. The general substance of the proposed revisions and addi- tions was published in the Federal Register of February 20, 1968 (33 P.R. 3189). A hearing was held on March 27, 1968, and all persons, who desired to, were Invited to attend and to submit their views, objections, recommendations or sug- gestions. Both oral and written comments were carefully con- sidered. The sections are being revised substantially as pub- lished with a few additional changes. This program is intended to provide better service to the public by making available the technical disclosure of certain applications in which the owner may prefer to publish an abstract in lieu of obtaining an examination by the Patent Office. The defensive publication would be in the form of an abstract of the technical disclosure, printed in the OFFICIAL GAZETrE and made a part of the Patent Office search files. This program will be open to any applicant having an ap- plication awaiting action by the Patent Office and who files a written request no later than eight (8) months after the earliest U.S. effective filing date of the designated application and agrees to the conditions of the program, including walv- ing his patent rights based on the designated application, opening the complete application to inspection by the general public upon publication of the abstract, expressly abandoning his application, the abandonment to take effect five (5) years after the earliest U.S. effective filing date of the application unless within that period interference proceedings have been initiated, and waiving his rights to a patent on a continuing application filed after the expiration of thirty (30) months from the earliest U.S. effective filing date of the designated ap- plication. Until November 1, 1968, this program will be open to any pending application awaiting first action by the Patent Olice at the time of the request without regard to the filing date of that application. In accordance with existing rules and procedures inter- ferences may be declared with applications and patents. Dur- ing the period beginning with the suggestion of claims by the Patent Office or the filing of claims by the applicant copied from a patent and ending with the termination of proceedings if an interference is declared or the mailing of a decision refusing to declare the interference, abandonment by reason of the expiration of the five year period will be stayed. Since the applicant has waived his patent rights and agreed to a defensive publication, termination of interference pro- ceedings in his favor would render the express abandonment ineffective but would not result in the issuance of an en- forceable patent. Instead, a normal Notice of Allowance would be issued except that the applicant would be notified that when the issue fee is remitted a disclaimer of the entire term of the patent to be granted in accordance with the second Dara- graph of 35 U.S.C. 253 should be included. No special fees will be required for entrance into this pro- gram. The applicant will be permitted to include with his request a replacement or expanded abstract of the technical disclosure of up to two hundred (200) words. Acceptance of a request to enter this program will be contingent upon screen- ing by the Patent Office to exclude such material that may be considered advertising, frivolous, scandalous, against public policy, subject to national security controls, etc. Acceptance of a designated application in this program is not intended to preclude the examination of any continuing application filed under 35 U.S.C. 120 within thirty (30) months after the earliest effective U.S. filing date of the designated application. Upon receipt and approval of the request the application abstract will be published in the OFFIcIAL GAZETTE. Publi- cation of the abstract in the OFFICIAL GAZETTE would be in a separate section identifying the application as being open for inspection. by the general public and indicating that it is subject to the New Defensive Publication Program. Following publication the application would be filed in the Record Section of the Patent Reference Branch where it will be available for inspection upon written request. Copies of the application will be furnished by the Patent Office upon request and payment of fee. The application abstract and suitable drawing copies would then be made a part of the official search files. After the defensive publication has appeared in the OFFICIAL GAZETTE the abstract and suitable drawing copies will be available as prior art from the date of publication under 35 U.S.C. 102(a) or 102(b) as a printed publication. Also, at thts time the application will be available as prior art under 35 U.S.C. 102(a) as evidence of prior knowledge from the actual date of filing the application in the Patent Office. The changes follow: 1. In 1 1.11, delete Patent from the title. Identify the one paragraph now in the section as paragraph (a) and New Applications Received During March 1968 Patents --------------------------------------- 7926 Designs --------------------------------------- 431 Plant Patents --------------- ------------------- 9 Reissues -------------------------------------- 20 Total ------------------------------- 8386 Issue-May 7, 1968 Patents - .-- 1200-No. 3,381,303 to No. 3,382,502, incl. Designs------- 65-No. 210,926 to No. 210,990, icl. Reissues------ 5-No. 26,385 to No. 26,389, incl. Total------- 1270 1

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