(UNTITLED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00120R000100060032-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 20, 2016
• Document Release Date: November 6, 2002
• Sequence Number: 32
• Publication Date: July 1, 1971
• Content Type: CONT

Approved For Release 2007/09/21 : CIA-RDP81-0012OR000100060032-6
(a) of this rule.
(2) Any failure to comply with an order under the provisions of
paragraph (e) of this rule may be considered by the Board of Patent.
Interferences as basis for applying appropriate restrictions against
the party failing to comply, for holding certain facts to have been
established, and in an appropriate case for awarding priority against
him, or for taking such other action as may be deemed appropriate.
(o) The parties may by agreement among themselves modify any
of the foregoing requirements consistent With the schedule of times
for taking testimony and filing t?lle record. In the absence of such
agreement, discovery will not be permitted prior to the period set for
the preparation for testimony. (Added June 11, 1971.)
PROTEST AND PUBLIC USE PROCEEDINGS
291. Protests to the grant of a patent. The patent statutes do
not provide for opposition to the grant of a patent on the part of the
public. Protests to the grant of & patent are ordinarily merely
acknowledged, and filed after being referred to the examiner having
charge of the subject matter involved for his information.
292. Public use proceedings. (a) When a petition for the insti-
tution of public use proceedings, supported by affidavits or declara-
tions, is filed by one having information of the pendency of an appli-
cation and is found, on reference to the primary examiner, to make
a prima facie showing that the invention involved in an interference
or claimed in an application believed to be on file had been in public
use or on sale one year before the filing of the application, or before
the date alleged by an interfering party in his preliminary statement
or the date of invention established by such party, a hearing may be
had before the Commissioner to determine whether a public use pro-
ceeding should be instituted. If instituted, times may be set for taking
testimony, which shall be taken as provided by rules 271 to 286. The
petitioner will be heard in the proceedings but after decision therein
will not be heard further in the prosecution of the application for
patent.
(b) The petition.and accompanying papers should be filed in du-
plicate, or served upon the applicant, his attorney or agent of record,
and petitioner should offer to bear any expense to which the Office
may be put in connection with the proceeding.
REVIEW OF PATENT OFFICE DECISIONS BY COURT
301. Appeal to U.S. Court of Customs and Patent Appeals. Any
applicant dissatisfied with the decision of the Board of Appeals, and
any party to an interference dissatisfied with the decision of the Board
of Patent Interferences, may appeal to the U.S. Court of Customs
Rules of Practice-July 1971
Approved For Release 2007/09/21 : CIA-RDP81-0012OR000100060032-6