Page:United States Statutes at Large Volume 53 Part 2.djvu/736

 PUBLIC LAWS-CHS. 450, 451-AUG. 5, 1939 [CHAPTER 450] ATN AtCT [53 STAT. August 5, 1939 [H. R. 6872] To amend sections 4886, 4887, 4920, and 4929 of the Revised Statutes (U. S . C ., [Public, No. 286] title 35, sees. 31, 32, 69, and 73). Patents. R. S. §§ 4886, 4887, 4920, 4929. 35U.S. . §§ 31,32, 69, 73; Supp. IV, § 32. Reduction of time for public use, etc., before filing applica- tions. Time of taking ef- fect. Provisos. Application of pro- visions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 4886, 4887, 4920, and 4929 of the Revised Statutes (U. S . C., title 35, secs. 31, 32, 69, and 73) be amended by striking out the words "two years" wherever they appear in said sections and substituting therefor the words "one year". SEC. 2. This Act shall take effect one year after its approval and shall apply to all applications for patent filed after it takes effect and to all patents granted on such applications: Provided, however, That all applications for patents filed prior to the time this Act takes effect and all patents granted on such applications are to be governed by the statutes in force at the time of approval of this Act as if such statutes had not been amended. Approved, August 5, 1939. [CHAPTER 451] August 51939 AN ACT [H. R .6873] To amend sections 4904, 4909, 4911, and 4915 of the Revised Statutes (U. S . C ., [Public, No. 2871 title 35, sees. 52, 57, 59a, and 63). Be it enacted by the Senate and House of Representatives of the R S.S4904 United States of America in Congress assembled, That section 4904 35 U.. C. §52. of the Revised Statutes (U. S. C ., title 35, sec. 52) be amended to read as follows: Iterferences; de- "Whenever an application is made for a patent which, in the ority. opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be, and shall direct a board of three examiners of interferences to Issue of patent. proceed to determine the question of priority of invention. And the Commissioner may issue a patent to the party who is adjudged the prior inventor." 35R. S. 997. SEC. 2. That section 4909 of the Revised Statutes (U. S. C., title 35, sec. 57) be amended to read as follows: Appeals. "Every applicant for a patent or for the reissue of a patent, any of the claims of which have been twice rejected, may appeal from the decision of the primary examiner to the Board of Appeals, having once paid the fee for such appeal." 3U.S. 1 . 91. SEC. 3. That section 4911 of the Revised Statutes (U. S . C ., title Textualchanges. 35, sec. 59a) be amended by changing the words "Board of Appeals' in the second sentence to read "board of interference examiners", and by canceling the last sentence of said section. 35.S . 49 63. SEC. 4. That section 4915 of the Revised Statutes (U. S . C., title 35, sec. 63) be amended by changing the first sentence thereof to read: Bill in equity, time "Whenever a patent on application is refused by the Board of limitation. Appeals or whenever any applicant is dissatisfied with the decision of the board of interference examiners, the applicant, unless appeal has been taken to the United States Court of Customs and Patent Appeals, and such appeal is pending or has been decided, in which case no action may be brought under this section, may have remedy by bill in equity, if filed within six months after such refusal or decision; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge that 1212

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