Page:United States Statutes at Large Volume 98 Part 3.djvu/1014

 98 STAT. 3386

Prohibition.

PUBLIC LAW 98-622—NOV. 8, 1984

investments made or business commenced before the date enactment. (e) The amendments made by this Act shall not affect the right any party in any case pending in court on the date of enactment have their rights determined on the basis of the substantive law effect prior to the date of enactment.

of of to in

TITLE II—PATENT AND TRADEMARK OFFICE PROCEDURES BOARD OF PATENT APPEALS AND INTERFERENCES

SEC. 20L (a) Section 7 of title 35, United States Code, is amended to read as follows:

Infra.

5 USC 5332.

"§ 7. Board of Patent Appeals and Interferences "(a) The examiners-in-chief shall be persons of competent legal knowledge and scientific ability, who shall be appointed to the competitive service. The Commissioner, the Deputy Commissioner, the Assistant Commissioners, and the examiners-in-chief shall constitute the Board of Patent Appeals and Interferences. "(b) The Board of Patent Appeals and Interferences shall, on written appeal of an applicant, review adverse decisions of examiners upon applications for patents and shall determine priority and patentability of invention in interferences declared under section 135(a) of this title. Each appeal and interference shall be heard by at least three members of the Board of Patent Appeals and Interferences, who shall be designated by the Commissioner. Only the Board of Patent Appeals and Interferences has the authority to grant rehearings. "(c) Whenever the Commissioner considers it necessary, in order to keep current the work of the Board of Patent Appeals and Interferences, the Commissioner may designate any patent examiner of the primary examiner grade or higher, having the requisite ability, to serve as examiner-in-chief for periods not exceeding six months each. An examiner so designated shall be qualified to act as a member of the Board of Patent Appeals and Interferences. Not more than one of the members of the Board of Patent Appeals and Interferences hearing an appeal or determining an interference may be an examiner so designated. The Secretary of Commerce is authorized to fix the pay of each designated examiner-in-chief in the Patent and Trademark Office at not to exceed the maximum rate of basic pay payable for grade GS-16 of the General Schedule under section 5332 of title 5. The rate of basic pay of each individual designated examiner-in-chief shall be adjusted, at the close of the period for which that individual was designated to act as examinerin-chief, to the rate of basic pay which that individual would have been receiving at the close of such period if such designation had not been made.". (b) The item relating to section 7 in the table of sections at the beginning of chapter 1 of title 35, United States Code, is amended by striking out "Appeals" and inserting in lieu thereof "Patent Appeals and Interferences". INTERFERENCES

Claims.

SEC. 202. Section 135(a) of title 35, United States Code, is amended to read as follows:

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