Page:United States Statutes at Large Volume 45 Part 1.djvu/1065

 1014 Hearings. Denial of extension. Appeal. Cert ifica te to issu e if extension granted. Publication, etc ., of not ice. Effect of extension. Provisos. Infringemen t pr o- ceedings after expira- tion of original patent . Rights of United States not affected. Larry Cardwell. Reinstatement of, in the Naval Academy, directed. SEVENTIETH CONGRESS. SESS. I. CHs. 992, 993. 1928 . requir ed by sec tion 1 of this Act is not t rue in fa ct, which said not ice of opp osition s hall be v erified b efore an officer a uthorized by the l aws of any State or Territory or the District of Columbia to administer oaths. In all cases where notice of opposition is filed the Commis- sioner of Patents shall notify the applicant for extension thereof and set a day of hearing. If after such hearing the Commissioner of Paten ts is of the opini on tha t such extens ion sh ould n ot be grante d, he ma y deny the a pplica tion t herefo r, stat ing in writi ng his reaso ns for such denial. Where an extension is refused the applicant there- for shall have the same remedy by appeal from the decision of the commissioner as is now provided by law where an application for patent is refused. If no opposition to the grant of the extension is filed, or if, after opposition is filed, it shall be decided that the applicant is entitled to the extension asked for, the Commissioner of Patents shall issue a certificate that the term of said patent is extended for the additional period for which application has been made as aforesaid, and shall cause notice of such extension to be published in the Official Gazette and marked upon copies of the patent for sale by the Patent Office, in such manner as the commissioner may dete rmin e. SEC. 4. Thereupon said patent shall have the same force and effect in law as though it had been originally granted for seventeen years plus the term of such extension : Provided, however, That in any action, at law or in equity, for infringement after the expiration of seventeen years from the grant of the patent and during the period of such extension, the defendant may plead the general issue, and having given notice in writing to the plaintiff or his attorney thirty days before, may prove on trial that any of the statements of the application for extension required by section 1 of this Act is not true in fact ; and if any one or more of such statements shall be found untrue in fact, judgment shall be rendered for the defendant, with costs : Provided further, That no person whose patent shall be exten ded un der th e prov isions of th is Act shall be per mitted to ma ke any claim for damages against the United States for the period of the extension, and the rights of the United States shall remain in all respe cts as if th ese pa tents had no t been extend ed. Approved, May 31, 1928. acne 8, 1928. [H. R.6263.] CHAP. 993 .-An Act To provide for the reinstatement of Larry Cardwell [Pu blic, No . 624.1 in the United States Naval Academy. Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That the Secre- tary of the Navy is authorized and directed to reinstate Larry Card- well in the United States Naval Academy, of which he was a mid- shipman at the time of his discharge on November 19, 1926 ; the said Larry Cardwell to become a member of the class of 1930 on the date of reinstatement, and to be accorded all rights, privileges, and bene- fits to which he would have been entitled had he not been so discharged. Appro ved, June 8, 1 928.

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