Page:United States Statutes at Large Volume 94 Part 3.djvu/372

 94 STAT. 3016

Record.

Refund. 35 USC 304.

Filing period.

PUBLIC LAW 96-517—DEC. 12, 1980

raised by patents and publications discovered by him or cited under the provisions of section 301 of this title. "(b) A record of the Commissioner's determination under subsection (a) of this section will be placed in the official file of the patent, and a copy promptly will be given or mailed to the owner of record of the patent and to the person requesting rexamination, if any. "(c) A determination by the Commissioner pursuant to subsection (a) of this section that no substantial new question of patentability has been raised will be final and nonappealable. Upon such a determination, the Commissioner may refund a portion of the rexamination fee required under section 302 of this title. "§ 304. Rexamination order by Commissioner "If, in a determination made under the provisions of subsection 303(a) of this title, the Commissioner finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for rexamination of the patent for resolution of the question. The patent owner will be given a reasonable period, not less than two months from the date a copy of the determination is given or mailed to him, within which he may file a statement on such question, including any amendment to his patent and new claim or claims he may wish to propose, for consideration in the rexamination. If the patent owner files such a statement, he promptly will serve a copy of it on the person who has requested rexamination under the provisions of section 302 of this title. Within a period of two months from the date of service, that person may file and have considered in the rexamination a reply to any statement filed by the patent owner. That person promptly will serve on the patent owner a copy of any reply filed.

35 USC 305.

"§ 305. Conduct of rexamination proceedings "After the times for filing the statement and reply provided for by section 304 of this title have expired, rexamination will be conducted according to the procedures established for initial examination under 35 USC 132,133. the provisions of sections 132 and 133 of this title. In any rexamination proceeding under this chapter, the patent owner will be permitted to propose any amendment to his patent and a new claim or claims thereto, in order to distinguish the invention as claimed from the prior art cited under the provisions of section 301 of this title, or in response to a decision adverse to the patentability of a claim of a patent. No proposed amended or new claim enlarging the scope of a claim of the patent will be permitted in a rexamination proceeding under this chapter. All rexamination proceedings under this section, including any appeal to the Board of Appeals, will be conducted with special dispatch within the Office. 35 USC 306.

"§306. Appeal "The patent owner involved in a rexamination proceeding under this chapter may appeal under the provisions of section 134 of this 35 USC 134. title, and may seek court review under the provisions of sections 141 35 USC 141-145. to 145 of this title, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent. 35 USC 307. "§ 307. Certificate of patentability, unpatentability, and claim cancellation "(a) In a rexamination proceeding under this chapter, when the time for appeal has expired or any appeal proceeding has terminated.

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