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820 Off. Gaz. Pat. Office 1 (1965)

handle is hein.intprop/uspagaz0557 and id is 1 raw text is: U.S. DEPARTMENT OF COMMERCE OFFICIAL GAZETTE of the UNITED STATES PATENT OFFICE November 2, 1965 Volume 820 PATENTS NOTICES Board of Appeals Decisions Rendered In the Month of September 1965 Examiner affirmed ---------------------------------230 Examiner affirmed in part --------------------------33 Examiner reversed --------------------------------76 Total --------------------------------------339 Automatic Furnishing Free Copies of Cited References Commencing November 1, 1965, one complete set of refer- ences cited by Examiners in Office Actions will be automati- cally supplied without charge simultaneously with the mail- Ing of the actions. Additional copies of references desired must be properly identified and purchased from the regular Patent Office copy supply facilities. This supersedes the notice, Providing Copies of Cited References to Applicants which was published in 809 O.0. 317 on December 8, 1964. C. A. KALK, Director of Administration. German Utility Model (Gebrauchsmuster) As Reference The German law, in addition to the regular patent law, provides for short term exclusive rights in new articles of manufacture (processes and compositions of matter being excluded) which might be of a lower order of inventive merit than is required for the longer term patent. These go by the name of Gebrauthemuster which word is cus- tomarily translated as utility model and might also be translated as useful article. They are issued without search and the specifications and drawings, while available to the public, are not issued in printed form. Since copies are not placed in the Examiner's search files, questions relating to their use have been infrequent. Recent events, however, have so increased the probability of a German Gebrauchsmuster coming to the attention of the Examiner that a general state- ment as to their status and use appears desirable. Oct. 1, 1965. 1. Right of priority.-An application for a Gebrauchsmuster is considered to be an application for a patent in a foreign country, and consequently the right of priority of 35 U.S.C. 119 can be based upon such an application. This was decided by the Board of Examiners-in-Chief (now Board of Appeals) in 1908, the first time the question arose (Munster v. White, Int. No. 25,665) and has been the consistent practice of the Patent Office ever since. A small proportion of applications for patent filed in the United States by German residents claim the priority of a previously filed application for a Gebrauchsmuster. When endorsing the number of the foreign application on the face of the U.S. file the Examiner should be careful in noting the nature of the foreign application as a utility model since a different series of numbering is used (see Memorandum of July 9, 1964). 2. Printed publication.-When a German utility model is registered a notice thereof is published in the official journal, the Patentblatt, and the specification is then available to the public. The regular publication of abstracts of the specifica- tions (with a figure of the drawing) of registered Gebrauchs- muster began in July, 1964 in a new periodical Auszige aus den Gebrauchsmustern which is in the Patent Office library. These abstracts may be used, for their content, as printed publications. The effective date would be the date the periodical was published. Inasmuch as the full specifications are not issued in printed form, they cannot be used as printed publications, in con- formity with decisions of the courts and of the Patent Office that manuscript specifications of issued patents and of appli- cations laid open for public inspection, are not printed publi- cations. 3. Prior patents.-The Examiners may use the Gebrauchs- muster, however, as a prior patent, effective as of the date of registration, in the same manner as they would use the patents of countries which do Issue specifications in printed form; for example, as they may use a Spanish or South African patent which has been brought to their attention, or a Belgian patent for the period of several years after it is granted and before the specification is issued in printed form. Early Patent Office decisions took this position, see the decisions of the Board of Examiners-in-Chief (1915) and of the Commissioner (1916) in Sexton v. Rets, Int. No. 37,770. There has been some confusion on this point but study of the system in Germany and other countries should remove any doubt. Office practice has varied, see Ex Parte Smith, 82 USPQ 83, but after this decision Examiners have nevertheless New Applications Received During September 1965 Patents ---------------------------------------7703 Designs -----------------------------------459 Plant Patents -------------------------------14 Reissues -----------------------------------22 Total -------------------------------8198 Issue--November 2, 1965 Patents ----- 1256-No. 3,214,767 to No. 3,216,022, incl. Designs ------- 71-No. 202,688 to No. 202,758, incl. Plant Patents-- 4-No. 2,566 to No. 2,569, incl. Reissues ------ 4-No. 25,891 to No. 25,894, incl. Total ----- 1385 Number 1

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