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![handle is hein.intprop/uspagaz0542 and id is 1 raw text is: U.S. DEPARTMENT OF COMMERCE
OFFICIAL GAZETTE of the UNITED STATES PATENT OFFICE
August 4, 1964
Volume 805
Number 1
PATENTS
NOTICES
Board of Appeals Decisions Rendered in the Month of
June 1964
Examiner affirmed ---------------------------------290
Examiner affirmed in part --------------------------61
Examiner reversed ---------------------------------87
Total ---------------------------------------438
Publication of Portions of Applications
The Patent Office has decided to resume the publication
of portions of applications under the following conditions:
(1) Upon the written request of the owner of a pending
application for patent which is not under final rejection,
that a portion of the disclosure of the application be pub-
lished in the OFFICIAL GAZETTE and that the application
simultaneously be made available to the public, such request
also indicating that he intends to abandon the application,
such disclosure together with the serial number and date
of filing, a representative claim and figure of the drawing
which may be designated by the owner, will be published
in the OFFICIAL GAZETTE. The Office reserves the right to
refuse or refrain from publication of any particular applica-
tion.
(2) Upon publication, the entire application will be avail-
able to the public for inspection and obtaining of copies,
and the publication will so state.
(3) The publications will be used as references against
other applications in which they may be applicable.
July 14, 1964.
EDWARD J. BRENNER,
Commissioner of Patents.
Department of Commerce
Patent Office
[37 CPR Parts 1, 3]
FORMS AND RULES OF PRACTICE
Notice of Proposed Rule Making
Notice is hereby given that the United States Patent Office
proposes to amend several of its rules, to add a new 1 1.68
and to provide additional forms relating to patents. The
amendments are proposed pursuant to the authority con-
tained in Title 85, U.S.C., section 6.
Section 1.65 of Title 37, Code of Federal Regulations, re-
quires an oath by the inventor when filing application for a
patent. Provision is also made 1§ 1.42, 1.43, and 1.47 for
filing such an oath by a representative of the inventor in
cases where the inventor is unable or unwilling to join in
the application. Similarly, an oath is required by 1 1.67
when presenting a claim for matter not originally claimed,
by 1 1.172 when applying for a reissue patent, by 1 1.151 when
applying for a patent for designs, and by 1 1.161 when apply-
ing for a patent for plants.
Public Law 88-292, of March 26, 1964, authorized the
Commissioner to prescribe instances where documents re-
quired to be filed in the Patent Office under oath might be
accepted if, in lieu of the required document under oath, the
applicant were to provide a written declaration setting forth
required information. Such a declaration may not be used
unless it includes a warning statement that willful false state-
mentt and the like are punishable by fine or imprisonment, or
both (18 U.S.C. 1001).
The proposed amendment to 1 1.65 announces the accepta-
bility of such an alternate procedure in connection with
the filing of the original application for a patent. The new
5 1.68 would set forth the form of the declaration and an-
nounce its acceptability in connection with the filing of docu-
ments required by §i 1.67, 1.151, 1.161, and 1.172.
An alternative form (3.11(a)) Is provided to the present
oath form (3.11) reflecting the required form of a written
declaration.
Other sections of rules and forms which will be conformed
to the acceptable alternative procedure of the written decla-
ration are listed. These items will merely be changed to
make clear that the written declaration in proper form Is an
acceptable alternative to the oath.
Two Important points must be remembered in connection
with these changes: (1) The use of the declaration is an alter-
native to the use of the oath. Either in proper form is
acceptable. (2) The declaration may only be used in lieu of
the oath in those instances where the Commissioner has pro-
vided that it will be an acceptable alternative.
All persons who desire to submit written data, views,
arguments or suggestions for consideration in connection with
the proposed amendments, are invited to forward the same to
the Commissioner of Patents, Washington 25, D.C., within 60
days of publication in the Federal Register. An oral hearing
will not be scheduled.
The heading preceding 1 1.65 and the text of that section as
proposed to be amended are as follows:
STATEMENT; OATH OR DECLARATION
§ 1.65 Statement of applicant.
(a) (1) The applicant, if the inventor, must state that he
verily believes himself to be the original and first inventor
or discoverer of the process, machine, manufacture, composi-
tion of matter, or improvement thereof, for which he solicits
a patent; that he does not know and does not believe that
the same was ever known or used before his invention or
discovery thereof, and shall state of what country he is a
New Applications Received During June 1964
Patents ---------------------------------------8,168
Designs ---------------------------------------447
Plant Patents ----------------------------------6
Reissues ---------------------------------------27
Total ---------------------------------- 8,648
Issue-August 4, 1964
Patents -------- 898-No. 3,142,841 to No. 3,143,738, Incl.
Designs -------- 55-No. 198,776 to No. 198,830, incl.
Plant Patents- 2-No. 2,431 to No. 2,432, incl.
Reissues ------- 4-No. 25,627 to No. 25,630, incl.
Total -------- 959](ViewImageLocal?handle=hein.intprop/uspagaz0542&div=1&collection=&method=preview&ext=.png&size=3)