About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

866 Official Gazette of the United States Patent and Trademark Office 1 (1969)

handle is hein.intprop/uspagaz0468 and id is 1 raw text is: U.S. DEPARTMENT OF COMMERCE OFFICIAL GAZETTE of the UNITED STATES PATENT OFFICE September 2, 1969 Volume 866 Number 1 PATENTS NOTICES Board of Appeals Decisions Rendered in the Month of July 1969 Examiner affirmed --------------------------------- 114 Examiner affirmed in part -------------------------- 19 Examiner reversed --------------------------------- 33 Total -------------------------------------- 166 Disclaimer 3,303,825.-Robert Cowan Shuman, Janesville, and Francis John Meinhardt, Edgerton, Wis. BALL POINT WRITING INSTRUMENTS. Patent dated Feb. 14, 1967. Disclaimer filed July 17, 1969, by the assignee, The Parker Pen Com- panU. Hereby enters this disclaimer to claims 5, 6, 7, 8, 9, 10, 11 and 12 of said patent. TITLE 37-PATENTS, TRADEMARKS, AND COPYRIGHTS Chapter I-Patent Office, Department of Commerce PART 1-RULES OF PRACTICE IN PATENT CASES Interference Practice Notice of proposed rule making regarding changes in the rules of the Patent Office relating to interference practice was published in the Federal Register of December 28, 1968 (33 F.R. 19949). Interested persons were invited to submit writ- ten comments, suggestions, or objections, and to attend a hearing scheduled for April 1, 1969. Full consideration has been given to the comments and testimony received and changes in the text of the original proposal have been effected where appropriate. In consideration of the foregoing, and pursuant to the au- thority contained in section 6 of the Act of July 19, 1952 (66 Stat. 793; 35 U.S.C. 6), Parts 1 of Title 37, Code of Federal Regulations, is hereby amended as follows: 1. Paragraph (b) of 1 1.55 is amended by deleting from the third sentence the words when specified in §§ 1.216 and 1.224 and inserting in lieu thereof (I 1.224). As thus amended, paragraph (b) reads as follows: § 1.55 Serial number and filing date of application. (b) An applicant may claim the benefit of the filing date of a prior foreign application under the conditions specified in 35 U.S.C. 119. The claim to priority need be in no special form and may be made by the attorney or agent if the foreign application is referred to in the oath as required by § 1.65. The claim for priority and the certified copy of the foreign application specified in the second paragraph of 35 TLS.C. 119 must be filed in the case of interference (§ 1.224) ; when neces- sary to overcome the date of a reference relied upon by the examiner; or when specifically required by the examiner; and in all other cases they must be filed not later than the date the final fee is paid. If the papers filed are not in the English language, a translation need not be filed except in the three particular instances specified in the preceding sentence, in which event a sworn translation or a translation certified as accurate by a sworn or official translator must be filed. 2. Paragraph (c) of , 1.204 is revised to read as follows: 1 1.204 Interference with a patent; agidavit bU junior appli- cant. (c) When the effective filing date of an applicant is more than 3 months subsequent to the effective filing date of the patentee, the applicant, before the interference will be de- clared, shall file two copies of affidavits by himself, if pos- sible, and by one or more corroborating witnesses, supported by documentary evidence if available, each setting out a factual description of acts and circumstances performed or observed by the affiant, which collectively would prima fade entitle him to an award of priority with respect to the effec- tive filing date of the patent. This showing must be accom- panied by an explanation of the basis on which he believes that the facts set forth would overcome the effective filing date of the patent. Failure to satisfy the provisions of this section may result in summary judgment against the appli- cant under § 1.228. Upon a showing of sufficient cause, an affidavit on information and belief as to the expected testi- mony of a witness whose testimony is necessary to overcome the filing date of the patent may be accepted in lieu of an affidavit by such witness. If the examiner finds the case to be otherwise in condition for the declaration of an interference lie will consider this material only to the extent of determin- ing whether a date prior to the effective filing date of the patent is alleged, and if so, the interference will be declared. 3. Paragraph (b) of § 1.215 is amended by deleting the words including any after preliminary statement, sec- ond occurrence, and inserting in lieu thereof the words and all. As thus amended, paragraph (b) reads as follows: * 1.215 Preliminary statement required. (b) A party who files a preliminary statement shall at the same time notify all opposing parties of that fact and by the time set for that purpose he shall serve a copy of his preliminary statement and all attached documents on every opposing party from whom he has received notification of the filing of a statement. 4. Paragraph (a) of 1 1.216 is amended by deleting from the second sentence including a brief statement as to the New Applications Received During June 1969 Patents --------------------------------------- 8843 Designs --------------------------------------- 562 Plant Patents --------------------------------- 4 Reissues --------------------------------------- 46 Total --------------------------------- 9455 Issue-September 2, 1969 Patents------- 1300-No. 3,464,063 to No. 3,465,362, incl. Designs-------- 60-No. 215,007 to No. 215,136, incl. Reissues ------ 1-No. 26,656 Total----- 1361 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most