Intro

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OCR transcription for search; preserved printed pages are authoritative

# MANUAL OF

# PATENT

# EXAMINING PROCEDURE

3RD
EDITION
Rev. 4/6

DEPARTMENT OF COMMERCE
UNITED STATES OF AMERICA

U.S. DEPARTMENT OF COMMERCE
Patent and Trademark Office

REEL NUMBER

BOOK NUMBERS

1205

## Public Law 89-83 89th Congress, H. R. 4185 July 24, 1965

### An Act

79 STAT. 259.

To fix the fees payable to the Patent Office, and for other purpures.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the items num- Patent fees.
bered 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, respectively, in subsection (a) of 66 Stat. 796.
section 41, title 35, United States Code, are amended to read as follows:

"1. On filing each application for an original patent, except in
«lesign cases, $65; in addition, on filing or on presentation at any other
time, $10 for each claim in independent form which is in excess of
one, and $2 for each claim (whether independent or dependent) which
is in excess of ten. Errors in payment of the additional fees may be
rectified in accordance with regulations of the Commissioner.

"2. For issuing each original or reissue patent, except in design
rases, $100; in addition, $10 for each page (or portion thereof) of
specification as printed, and $2 for each sheet of drawing.

"3. In design cases:

"a. On filing each design application, $20.

"b. On issuing cach design patent: For three years and six
months, $10; for seven years, $20; and for fourteen years, $30.

"4. On filing each application for the reissue of a patent, $65; in
addition, on filing or on presentation at any other time, $10 for each
claim in independent form which is in excess of the number of inde-
pendent claims of the original patent, and $2 for each claim (whether
independent or dependent) which is in excess of ten and also in
excess of the number of claims of the original patent. Errors in
payment of the additional fees may be rectified in accordance with
regulations of the Commissioner.

"5. On filing each disclaimer, $15.

"6. On appeal for the first time from the examiner to the Board
of Appeals, $50; in addition, on filing a brief in support of the
appeal, $50.

27\. On filing each petition for the revival of an abandoned applica-
tion for a patent or for the delayed payment of the fee for issuing
each patent, $15.

"8. For certificate under section 255 or under section 256 of this
title, $15.

"9. As available and if in print : For uncertified printed copies
of specifications and drawings of patents (except design patents), 50
cents per copy; for design patents, 20 cents per copy; the Commis-
sioner may establish a charge not to exceed $1 per copy for patents
in excess of twenty-five pages of drawings and specifications and for
plant patents printed in color; special rates for libraries specified
in section 13 of this title, $50 for patents issued in one year. The
Commissioner may, without charge, provide applicants with copies
of specifications and drawings of patents when referred to in a notice
under section 132.

"10. For recording every assignment, agreement, or other paper
relating to the property in a patent or application, $20: where the
«locument relates to more than one patent or application, $3 for each
additional item."

SEC. 2. Section 41 of title 35, United States ('ode, is further
amended by adding the following subsection :

"(c) The fees prescribed by or under this section shall apply to
any other Government department or agency, or officer thereof, except
that the Commissioner may waive the payment of any fee for services

or materials in cases of occasional or incidental requests by a Govern-
ment department or agency, or officer thereof."

SEc. 3. Section 31 of the Act approved July 5, 1946 (ch. 540, 60
Stat. 427; U.S.C., title 15, sec. 1113), as amended, is amended to read
as follows :

"(a) The following fees shall be paid to the Patent Office under
this Act :

"1. On filing each original application for registration of a mark in
each class, $35.

"2. On filing each application for renewal in each class, $25; and
on filing each application for renewal in each class after expiration
of the registration, an additional fee of $5.

15 USC 1058.

"3. On filing an affidavit under section 8(a) or section 8(b) for
each class, $10.

"4. On filing each petition for the revival of an abandoned applica-
tion, $15.

"5. On filing opposition or application for cancellation for each
class, $25.

"6. On appeal from the examiner in charge of the registration of
marks to the Trademark Trial and Appeal Board for each class, $25.

"7. For issuance of a new certificate of registration following change
of ownership of a mark or correction of a registrant's mistake, $15.

"8. For certificate of correction of registrant's mistake or amend-
ment after registration, $15.

"9. For certifying in any case, $1.

"10. For filing each disclaimer after registration, $15.

"11. For printed copy of registered mark, 20 cents.

"12. For recording every assignment, agreement, or other paper
relating to the property in a registration or application, $20; where,
the document relates to more than one application or registration, $3
for each additional item.

15 USC 1062.

"13. On filing notice of claim of benefits of this Act for a mark to
be published under section 12(c) hereof, $10.

"(b) The Commissioner may establish charges for copies of records,
publications, or services furnished by the Patent Office, not specified
above.

"(c) The Commissioner may refund any sum paid by mistake or in
excess.'

66 Stat. 803.

Sec. 4. Section 151 of title 35, United States Code, is amended to
read as follows:

#### "§ 151. Issue of patent

"If it appears that applicant is entitled to a patent under the law, a
written notice of allowance of the application shall be given or mailed
to the applicant. The notice shall specify a sum, constituting the issue
fee or & portion thereof, which shall be paid within three months
thereafter.

"Upon payment of this sum the patent shall issue, but if payment
is not timely made, the application shall be regarded as abandoned.

"Any remaining balance of the issue fee shall be paid within three
months from the sending of a notice thereof and, if not paid, the patent
shall lapse at the termination of this three-month period. In calcu-
lating the amount of a remaining balance, charges for a page or less
may be disregarded.

"If any payment required by this section is not timely made, but is
submitted with the fee for delayed payment within three months after
the due date and sufficient cause is shown for the late payment, it may
be accepted by the Commissioner as though no abandonment or lapse
had ever occurred."

Sec. 5. Section 154 of title 35, United States Code, is amended by 66 Stat. 804.
inserting the words "subject to the payment of issue fees as provided
for in this title," after the words "seventeen years,".

SEc. 6. The analysis of chapter 14 of title 35, United States Code,
immediately preceding section 151, is amended in the first item thereof
by striking out the words "Time of issue of patent" and inserting in
lieu thereof "Issue of patent".

SEC. 7. (a) This Act shall take effect three months after its Effective date.
enactment.

(b) Items 1, 3, and 4 of section 41 (a) of title 35, United States Code,
as amended by section 1 of this Act, do not apply in further proceed-
ings in applications filed prior to the effective date of this Act.

(c) Item 2 of section 41(a), as amended by section 1 of this Act,
and section 4 of this Act do not apply in cases in which the notice of
allowance of the application was sent, or in which a patent issued,
prior to the effective date; and, in such cases, the fee due is the fee
specified in this title prior to the effective date of this Act.

(d) Item 3 of section 31 of the Trademark Act, as amended by
section 3 of this Act, applies only in the case of registrations issued
and registrations published under the provisions of section 12(c) of
the Trademark Act on or after the effective date of this Act.
15 USC 1062.

SEC. 8. Section 266 of title 35, United States Code, is repealed.

60 Stat. 432.

The chapter analysis of chapter 27 of title 35, United States Code, Repeal.
is amended by striking out the following item :

66 Stat. 812.

"268. Issue of patents without fees to Government employees."

SEC. 9. Section 112 of title 35, United States Code, is amended by
adding to the second paragraph thereof the following sentence: "A
claim may be written in independent or dependent form, and if in
dependent form, it shall be construed to include all the limitations
of the claim incorporated by reference into the dependent claim."

SEC. 10. Section 282 of title 35, United States Code, is amended by Patents,
deletion of the first paragraph thereof and substituting therefor the validity.
following paragraph :

"A patent shall be presumed valid. Each claim of a patent ( whether
in independent or dependent form) shall be presumed valid inde-
pendently of the validity of other claims; dependent claims shall be
presumed valid even though dependent upon an invalid claim. The
burden of establishing invalidity of a patent or any claim thereof shall
rest on the party asserting it."

Approved July 24, 1965.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 113 (Comm. on the Judiciary).
SENATE REPORT No. 301 (Comm. on the Judiciary).
CONGRESS ONAL RECORD, Vol. 111 (1965):

Mar. 17: Considered and passed House.
June 15: Considered and passed Serate, amended.

July 12: House concurred in Serate amendments.

#### List of replacement pages :

Page No.

Rev. No.

Page No.

Rev. No.

Title Page

46-46

(158.1

Deleted)

v-vi

46-46

169-170

46-46

vii

*170.1

11-12

46-46

216.1

13-14

46-46

217-218

46-46

14.1-14.2

46-46

218.1

23-24

46-46

219-220

46-28

32.5-32.6

46-46

220.1-220.2

46-46

43-44

46-46

220.3-220.4

46-46

44.1-44.2

46-46

220.5-220.6

46-46

97-98

46-46

220. 7-220.8

46-46

145-146

46-46

221-222

46-46

147-148

46-46

*222.1

149

237-238

35-46

151-152

46-46

244.1-244.2

46-46

152.1

244.3

155-156

36-46

245-246

46-46

157-158

46-46

246.1-246.2

46-46

(246.3

Deleted)

\* Added page

## U.S. DEPARTMENT OF COMMERCE Patent and Trademark Office Washington, D. C. 20231 MANUAL OF PATENT EXAMINING PROCEDURE Third Edition

Instructions regarding Revision No. 46

The attached revised pages are replacements for those
in the Manual having corresponding numbers, or additional
pages to be placed in appropriate numerical sequence.

Arrows are printed in the margin of pages to indicate
material changed, deleted, or added by this revision. Where
insertion of new material results in shifting of unchanged
material onto following pages, no arrows appear on such
pages but the revision number is cited at the bottom of
each page.

Line on which change begins.

Line on which change ends.

Line on which change both begins
and ends.

or
Opposite a blank space, indicates
deletion of material.

The notation " [R-46]" in the attached pages appears
either at the title or at the end of a section that has
been revised.

Louis O. Maassel
Editor, Manual of Patent
Examining Procedure

The terms "Patent Office" and "Commissioner of Patents"
have been changed to -- Patent and Trademark Office -- and
-- Commissioner of Patents and Trademarks -- respectively
wherever they occur on the revised pages in accordance with
Public Law 93-596.

Particular attention is called to the following sections:

Section

Change

Checklist

List of current pages updated through Rev. 46.

201.13

List of countries updated.

511

New section on Postal Emergency Contingency Plan.

607

Note added that unentered claims are not counted when calculating fee due in subsequent amendments.

712

Includes new rules for acceptance of late issue fees.

713.02

Incorporates permission to hold interviews before the first action in continuing applications.

901.09

New Procedure for ordering missing patent copies.

903.02 (e)

New section on establishing unofficial subclasses.

905.02

Soft copy ordering procedure revised.

1214.04

Section on reconsideration by Board of Appeals revised.

1505

Revised rule 155 on design issue fees included.

1704

Examining group records section revised.

1705

Section on examiner's work report revised to follow new forms.

1710- 1710.02

Sections indicate termination of German search exchange.

1712

Indicates termination of Swedish-U.S. search exchange.

## MANUAL OF

## PATENT EXAMINING PROCEDURE

Original Third Edition, dated November 1961
Latest Revision October 1975

DEPARTMENT OF COMMERCE
STATES AMERICA
UNITED STATES OF AME

U.S. DEPARTMENT OF COMMERCE

PATENT AND TRADEMARK OFFICE

The Patent and Trademark Office does not handle the sale of the Manual, distribution
of notices and revisions or change of address of those on the subscription list.

Correspondence relating to any of the above items should be sent to the Superin-
tendent of Documents at the following address:
Superintendent of Documents
Mail List Section
P.O. Box 1533
Washington, D.C. 20013

Inquiries relating to subscriptions should be directed to:

Superintendent of Documents

Customer's Service Department

P.O. Box 1533

Washington, D.C. 20013

Orders for individual replacement pages not amounting to a complete revision of the
Manual should be sent to the following address:
Commissioner of Patents and Trademarks
Attn : Customer Services Division
Washington, D.C. 20231

The cost per page will be 30¢ (see rules 13(a), 21(b), and 21(t) Rules of Practice).

Charges may be made to deposit accounts if the requester is an account holder in good
standing at the time the request is received. Checks or money orders should be made pay-
able to the Commissioner of Patents and Trademarks. Requests must identify the specific
pages required and the number of copies of each page.

Employees of the Patent and Trademark Office should direct their requests for the
Manual, replacement pages, notices, and revisions to the Scientific Library.

First Edition, November 1949

Revision

19, January 1969

Revision 1, November 1950

Revision

20, April 1969

Revision 2, December 1951

Revision

21. July 1969

Revision 3, May 1952

Revision

22. October 1969

Second Edition, November 1953

Revision

23. January 1970

Revision 1, April 1955

Revision

24. April 1970

Revision 2, June 1956

Revision

25. July 1970

Revision 3. June 1957

Revision

26. October 1970

Revision 4, July 1958

Revision

27. January 1971

Third Edition, November 1961

Revision

28. April 1971

Revision 1. January 1964

Revision

29. July 1971

Revision 2, November 1964

Revision

30, October 1971

Revision 3, January 1965

Revision

31. January 1972

Revision 4, April 1965

Revision

32. April 1972

Revision 5, July 1965

Revision

33. July 1972

Revision 6. October 1965

Revision

34, October 1972

Revision 7, January 1966

Revision

35. January 1973

Revision 8, April 1966

Revision

36. April 1973

Revision 9, July 1966

Revision

37, July 1973

Revision 10. October 1966

Revision

38, October 1973

Revision 11, January 1967

Revision

39, January 1974

Revision 12. April 1967

Revision

40, April 1974

Revision 13, July 1967

Revision

41, July 1974

Revision 14. October 1967

Revision

42. October 1974

Revision 15, January 1968

Revision

43, January 1975

Revision 16, April 1968

Revision

44, April 1975

Revision 17, July 1968

Revision

45, July 1975

Revision 18, October 1968

Revision:

46, October 1975

## Foreword

This Manual is published to provide Patent Office examiners, applicants,
attorneys, agents, and representatives of applicants with a reference work
on the practices and procedures relative to the prosecution of applications
before the Patent Office. It contains instructions to examiners, as well as
other material in the nature of information and interpretation, and outlines
the current procedures which the examiners are required or authorized to
follow in appropriate cases in the normal examination of application.

Examiners will be governed by the applicable statutes, the Rules of Prac-
tice, decisions, and orders and instructions issued by the Commissioner and
the Assistant Commissioners. Orders and Notices still in force which relate
to the subject matter included in this Manual are incorporated in the text.
Orders and Notices, or portions thereof, relating to the examiners' duties
and functions which have been omitted or not incorporated in the text may
be considered obsolete. Interference procedure not directly involving the Pri-
mary Examiner is not included in this Manual and, therefore, Orders and
Notices relating thereto remain in force.

Subsequent changes in practice and other revisions will be incorporated
in the form of substitute or additional pages for the Manual.

Suggestions for improving the form and content of the Manual are
always welcome. The should be addressed to:

Commissioner of Patents,
Washington, D.C. 20231

## Contents

Page

Checklist of Pages

Introduction

Chapter 100 Secrecy and Access

200 Types, Cross-Noting, and Status of Applications.

300 Ownership and Assignment

400

Representative of Inventor or Owner

500

Receipt and Handling of Mail and Papers

600

Parts, Form and Content of Application

700

Examination of Applications

800

Restriction; Double Patenting

117

900

Prior Art, Classification, Search

137

1000

Matters Decided by Various Patent and Trademark

Office Officials

159

1100

Interference

163

1200

Appeal

209

1300

Allowance and Issue

221

1400 Correction of Patents

229

1500 Design Patents.

235

1600 Plant Patents

239

1700 Miscellaneous.

243

Appendix I Partial List of Trademarks

247

Appendix II

List of Decisions Cited

253

Index

257

## Checklist of Pages Needed To Form a Complete Set of the Third Edition as of Revision 46. DATES OF REVISIONS 31 and 33-46 All pages issued in other revisions have been revised.

Rev. No.

Date

Rev. No.

Date

Jan. 1972

Apr. 1974

July 1972

July 1974

Oct. 1972

Oct. 1974

Jan. 1973

Jan. 1975

Apr. 1973

Apr. 1975

July 1973

July 1975

Oct. 1973

Oct. 1975

Jan. 1974

Page

Revision No.

Page

Revision No.

Title Page (2 sides)

46-46

49-50

38-40

III

51-52

40-40

V-VI

46-46

52.1

VII

53-54

41-41

54.1

Introduction

55-56

44-44

1-2

41-41

56.1

Chapter 100

57-58

36-36

3-4

35-39

59-60

37-37

4.1-4.2

39-42

Chapter 700

4.3

5-6

42-42

61-62 63-64

37-43 43-43

Chapter 200

64.1

7-8

39-39

65-66

31-33

9-10

39-40

66.1-66.2

34-34

10.1-10.2

39-39

67-68

34-34

10.3-10.4

41-41

69-70

40-40

11-12

46-46

70.1-70.2

40-40

13-14

46-46

71-72

40-40

14.1-14.2

46-46

72.1-72.2

40-40

15-16

39-39

73-74

34-32

16.1-16.2

43-39

74.1

17-18

31-36

75-76

43-43

19-20

44-44

76.1-76.2

43-43

20.1

76.3-76.4

43-43

76.5

Chapter 300

77-78

42-42

21-22

43-43

78.1-78.2

45-45

22.1

79-80

45-45

Chapter 400

81-82

36-36

83-84

36-31

23-24

46-46

85-86

31-31

25-26

41-41

87-88

39-39

27-28

37-37

88.1

29-30

37-37

89-90

34-34

30.1-30.2

37-37

90.1-90.2

34-34

30.3

90.3

Chapter 500

91-92

45-45

31-32

45-45

92.1

32.1-32.2

45-45

93-94

45-45

32.3-32.4

45-45

94.1-94.2

45-45

32.5-32.6

46-46

94.3

35-96

37-37

Chapter 600

16.1-96.2

41-41

33-34

45-45

97-98

46-46

34.1-34.2

44-45

98.1

34.3

+9-100

36-39

35-36

44-44

101-102

39-39

37-38

31-31

102.1-102.2

39-36

38.1

102.3

39-40

35-35

103-104

41-41

41-42

35-35

105-106

41-41

43-44

46-46

106.1

44.1-44.2

46-46

07-108

35-35

45-46

41-41

108.1

46.1

109-110

34-42

47-48

38-38

111-112

44-44

48.1-48.2

38-38

112.1

48.3-48.4

39-39

13-114

40-40

48.5

115-116

42-42

Page

Revision No.

Page

Revision No.

116.1-116.2

42-43

Chapter 1200

116.3-116.4

43-43

209-210

43-43

Chapter 800

211-212

41-41

117-118

45-45

213-214

42-42

119-120

45-45

214.1

120.1-120.2

45-45

215-216

42-42

120.3

216.1

121-122

45-45

217-218

46-46

123-124

45-45

218.1

125-126

45-45

219-220

46-28

127-128

45-45

220.1-220.2

46-46

129-130

45-45

220.3-220.4

46-46

131

220.5-220.6

46-46

133-134

45-45

220.7-220. 8

46-46

135-136

45-38

Chapter 1300

Chapter 900

221-222

46-46

137-138

35-35

222.1

138.1-138.2

35-35

223-224

41-41

139-140

44-44

225-226

41-41

140.1

226.1

141-142

45-30

227-228

43-43

143-144

45-45

228.1-228.2

43-43

145-146

46-46

Chapter 1400

147-148

46-46

229-230

41-41

149

223-232

41-41

151-152

46-46

132.1

152.1

233-234

44-44

153-154

35-35

234.1-234.2

44-44

154.1-154.2

43-43

154.3-154.4

43-43

Chapter 1500

155-156

36-46

235-236

35-35

157-158

46-46

237-238

35-46

Chapter 1000

Chapter 1600

159-160

43-43

239-240

45-45

161-162

43-43

241-242

31-45

162.1-162.2

43-43

162.3

Chapter 1700

243-244

40-40

Chapter 1100

244.1-244.2

46-46

163-164

31-31

244.3

165-166

33-33

245-246

46-46

166.1

246.1-246.2

46-46

167-168

42-42

169-170

46-46

Appendix I

170.1

247-248

43-43

171-172

40-45

249-250

43-43

172.1

251

173-174

40-40

174.1

Appendix II

175-176

36-40

253-254

36-36

176.1-176.2

43-43

255-256

36-36

177-178

42-42

Index

179-180

42-42

257-258

44-44

181-182

45-45

259-260

44-44

182.1

261-262

44-44

183-184

40-40

263-264

44-44

185-186

43-43

265-266

44-44

186.1

267-268

44-44

31-31

269-270

44-44

187-188

271-272

44-44

189

273-274

44-44

191-192

omitted

275-276

44-44

193-194

40-40

277-278

44-44

194.1

279-280

44-44

195-196

38-38

281-282

44-44

197-198

38-38

283-284

44-44

199-200

37-37

285-286

44-44

287-288

44-44

201-202

42-42

289-290

44-44

203-204

35-35

291-292

44-44

205-206

omitted

293-294

44-44

207-208

omitted

295

## Introduction

### Constitutional Basis

The Constitution of the United States pro-
vides :

"ART. 1, SEC. 8. The Congress shall have
power ... To promote the progress of science
and useful arts, by securing for limited times
to authors and inventors the exclusive right to
their respective writings and discoveries."

### Statutes

Pursuant to the provision of the Constitution,
Congress has over the years passed a number of
statutes under which the Patent Office is or-
ganized and our patent system is established.
The provisions of the statutes can in no way
be changed or waived by the Patent Office.

Prior to January 1, 1953, the law relating to
patents consisted of various sections of the Re-
vised Statutes of 1874, derived from the Pat-
ent Act of 1870 and numerous amendatory and
additional acts.

By an Act of Congress approved July 19,
1952, which came into effect on January 1,
1953, the patent laws were revised and codi-
fied into their present form. With certain excep-
tions applying to applications filed and patents
issued before January 1, 1953, this law governs
all cases in the Patent Office. The patent law is
Title 35 of the United States Code, which con-
tains 96 sections numbered from 1 to 293, with
gaps in the numbering between various chapters
of the title. In referring to a particular section
of the patent code the citation is given, for
example, as, 35 U.S.C. 31. The pamphlet "Pat-
ent Laws" (available from the Superintendent
of Documents for 75 cents) reprints the patent
code and some additional statutes.

35 U.S.C. 1 Establishment. The Patent Office shall
continue as an office in the Department of Commerce,
where records, books, drawings, specifications, and
other papers and things pertaining to patents and to
trademark registrations shall be kept and preserved,
except as otherwise provided by law.

### Rules of Practice

One of the sections of the patent statute,
namely, 35 U.S.C. 6, authorizes the Commis-
sioner of Patents, subject to the approval of
the Secretary of Commerce, to establish regula-

tions, not inconsistent with law, for the con-
duct of proceedings in the Patent Office.

Rule 351. Amendments to rules will be published. All
amendments to these rules will be published in the
Official Gazette and in the Federal Register.

Rule 352. Publication of notice of proposed amend-
ments. (a) Whenever required by law, and in other
cases whenever practicable, notice of proposed amend-
ments to these rules will be published in the Official
Gazette and in the Federal Register. If not published
with the notice, copies of the text will be furnished to
any person requesting the same. All comments, sug-
gestions, and briefs received within a time specified
in the notice will be considered before adoption of
the proposed amendments which may be modified in the
light thereof.

(b) Oral hearings may be held at the discretion of
the Commissioner.

These rules and the various amendments were
published in the Federal Register. In the Fed-
eral Register and in the Code of Federal Regula-
tions these rules are Part 1 of Title 37, Patents,
Trademarks and Copyrights. and the individual
rules, there called sections, are numbered with
the Part number and a decimal point prefixed
to the numbers to the rule number; thus section
1.33 in the Federal Register and the Code of
Federal Regulations is the same as rule 33. A
booklet entitled "37 Code of Federal Regula-
tions," published by the Office of the Federal
Register, contains all of the patent rules and
forms, as well as trademark rules and forms
and copyright rules. Persons desiring a copy
of the patent rules should order a copy of "37
Code of Federal Regulations" from the Super-
intendent of Documents.

The primary function of the Rules of Prac-
tice is to advise the public of the regulations
which have been established in accordance with
the statutes and which must be followed before
the Office. The Rules of Practice govern the
examiners, as well as applicants and their
attorneys.

### Commissioner's Orders and Notices

From time to time, the Commissioner of
Patents has issued Orders and Notices relating
to various specific situations that have arisen
in operating the Patent Office. Notices and
circulars of information or instructions have
also been issued by other Office Officials under
authority of the Commissioner. Orders and

## MANUAL OF PATENT :XAMINING PROCEDURE

Notices have served various purposes including
directions to the examiners giving them instruc-
tion, information, interpretations and the like.
Some may be for the information of the public.
advising what the Office will do under specified
circumstances.

### Decisions

In addition to the statutory regulations, the
actions taken by the examiner in the examina-
tion of applications for patents are to a great
extent governed by decisions on prior cases.
Applicants dissatisfied with an examiner's ac-
tion may have it reviewed. In general, that por-
tion of the examiner's action pertaining to
objections on formal matters may be reviewed
by petition to the Commissioner of Patents (see
§ 1002) and that portion of the examiner's ac-
tion pertaining to the rejection of claims on the
merits, may be reviewed by appeal to the Board
of Appeals (see § 1201). The distinction is set
forth in rules 181 and 191. In citing decisions
as authority for his actions, the examiner
should cite the decision in the manner set forth
in § 707.06.

### Publications Available from Superintendent of Documents

Orders should be addressed and remittances made
payable to Superintendent of Documents, U.S. Gov-
ernment Printing Office. Washington, D.C. 20402.

Patent Official Gazette. The official journal of the
Patent Office relating to patents. Issued each Tuesday,
simultaneously with the weekly issuance of patents.
it contains a selected figure of the drawings and an
abstract of each patent granted, indexes of patents, list
of patents available for license or sale, and general in-
formation such as orders, notices, changes in rules.
and changes in classification. Annual subscription
$211.00 ($52.75 additional for foreign mailing). Single
copy $4.10.

Annual Indexes. An index of the patents issued each
year is published in two volumes, one an alphabetical
index of patentees and the other an index by subject
matter of inventions. The two parts are sold separately.
Price varies from year to year, depending upon size of
the publication. An annual Index of Trademarks con-
tains an alphabetical index of trademark registrants,
registration numbers, dates published, classification of
goods for which registered. and decisions published
during the calendar year. Price varies from year to
year. depending upon size of the publication.

Guide for Patent Draftsmen. Patent Office require-
ments for patent drawings with illustrations. Price 30
cents.

Manual of Classification. A loose-leaf volume list-
ing the numbers and descriptive titles of the more than
300 classes and 66.000 subclasses used in the subject
classification of patents, with an index to the classi-
fications. Substitute and additional pages, which are
included in the subscription service, are issued from

time to time. Subscription $30.50 ($7.75 additional for
foreign mailing).

Manual of Patent Examining Procedure. A loose-leaf
manual which serves primarily as a detailed reference
work on patent examining practice and procedure for
the Patent Office's Examining Corps. Subscription serv-
ice includes basic manual, quarterly revisions, and
change notices. Subscription $19.50 ($5.00 additional
for foreign mailing).

Patents and Inventions-An Information Aid to
Iwrentors. The purpose of this publication is to aid
inventors in deciding whether to apply for patents, in
obtaining patent protection, and in promoting their
inventions. Price 20 cents.

Patents: Spur to American Progress. Focuses on the
functioning of the patent system, outlining its purpose
and practices and charting the "how-to" path to patents.
It illustrates how the sysem nurtures discovery of data
and devices on which the American partnership of in-
rentor, industry, and the public builds prosperity. This
publication is one of the U.S. Department of Com-
merce's "Know Your Economic ABC's" series. Price 35
cents.

The Story of the United States Patent Office. Cites
important events in the development of the United
States patent system and lists chronologically inven-
tions having important effects on the economy. Price
35 cents.

Patent Laws. Compilation of patent laws in force.
Price 75 cents.

Patent Attorneys and Agents Registered to Practice
Before The U.S. Patent Office. An alphabetically and a
geographically arranged listing of patent attorneys and
agents registered to practice before the U.S. Patent Of-
fice. Price $2.85.

### Publications Available From the Patent Office

Orders should be addressed to U.S. Department of Com-
merce, Patent Office. Washington, D.C. 20231. Remit-
tances should be made payable to Commissioner of
Patents. Postage stamps, Superintendent of Docu-
ments coupons or other Government coupons are not
acceptable in payment of Patent Office fees.

Q & A About Patents. Brief, non-technical answers to
questions most frequently asked about patents. Free.

Q & A About Plant Patents. Same as above for plant
patents. Free.

General Information Concerning Patents. Contains a
vast amount of general information concerning the ap-
plication for and granting of patents, expressed in non-
technical language for the layman. Single copy free.
Multiple copies available from Superintendent of Docu-
ments, 45 cents each.

Patents. Copies of the specification and drawings of
all patents are available at 50 cents each, except design
patents. Design patents are 20 cents each. When order-
ing. identify the patent by the patent number, or give
full name of the inventor and approximate date of is-
suance of the patent.

Classification Definitions. Contain the changes in
classification of patents as well as definitions of new
and revised classes and sub-classes. Price is based upon
size of publication, minimum price 10 cents.

Weekly Class Sheets. Lists showing classification of
each patent in the weekly issue of the Patent Official
Gazette. Annual subscription, $5.

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OCR transcription for search; preserved printed pages are authoritative

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