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 109 STAT. 352 PUBLIC LAW 104-41 —NOV. 1, 1995 SEC. 2. PRESUMPTION OF VALIDITY; DEFENSES. Section 282 of title 35, United States Code, is amended by inserting after the second sentence of the first paragraph the following: "Notwithstanding the preceding sentence, if a claim to a composition of matter is held invalid and that claim was the basis of a determination of nonobviousness under section 103(b)(1), the process shall no longer be considered nonobvious solely on the basis of section 103(b)(1).". 35 USC 103 note. SEC. 3. EFFECTIVE DATE. The amendments made by section 1 shall apply to any application for patent filed on or after the date of enactment of this Act and to any application for patent pending on such date of enactment, including (in either case) an application for the reissuance of a patent. Approved November 1, 1995. LEGISLATIVE HISTORY—S. 1111 (H.R. 587): HOUSE REPORTS: No. 104-178 accompanying H.R. 587 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 141 (1995): Sept. 28, considered and passed Senate. Oct. 17, H.R. 587 and S. 1111 considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995): Nov. 1, Presidential statement.

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