Page:United States Statutes at Large Volume 89.djvu/751

 PUBLIC LAW 94-131—NOV. 14, 1975

89 STAT. 691

SEC. 5. Paragraph (e) of section 102 of title 36, United States Code, is amended to read as follows: "§ 102. Conditions for patentability; novelty and loss of right to patent t

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"(e) the invention was described in a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title Ante, p. 688. before the invention thereof by the applicant for patent, or". SEC. 6. The first sentence of section 104 of title 35, United State Code, is amended to read as follows: "In proceedings in the Patent Office and in the courts, an applicant for a patent, or a patentee, may not establish a date of invention by reference to knowledge or use thereof, or other activity with respect thereto, in a foreign country, except as provided in sections 119 and 365 of this title.". ' 35 USC 119, SEC. 7. The second sentence of the second paragraph of section 112 ^»te, p. 686. of title 35, United States Code, is amended to read as follows: "§112. Specification
 * § 104. Invention made abroad

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"A claim may be written in independent or, if the nature of the case admits, in dependent or multiple dependent form. "Subject to the following paragraph, a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. "A claim in multiple dependent form shall contain a reference, in the alternative only, to more than one claim previously set forth and then specify a further limitation of the subject matter claimed. A multiple dependent claim shall not serve as a basis for any other multiple dependent claim. A multiple dependent claim shall be construed to incorporate by reference all the limitations of the particular claim in relation to which it is being considered.". SEC. 8. Section 113 of title 35, United States Code, is amended to read as follows: "§113. Drawings "The applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented. When the nature of such subject matter admits of illustration by a drawing and the applicant has not furnished such a drawing, the Commissioner may require its submission within a time period of not less than two months from the sending of a notice thereof. Drawings submitted after the filing date of the application may not be used (i) to overcome any insufficiency of the specification due to lack of an enabling disclosure oi otherwise inadequate disclosure therein, or (ii) to supplement the original disclosure thereof for the purpose of interpretation of the scope of any claim.". SEC. 9. Section 120 of title 35, United States Code, is amended to read as follows:

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