400

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# Chapter 400 Representative of Inventor or Owner

401
Patent Office Cannot Aid in Selection of Attorney

402
Power of Attorney

402.01
Exceptions as to Registration

402.02
Appointment of Associate Attorney

402.03
Appointment of Substitute Attorney

402.04
To a Firm

402.04
(a)
Firm of Attorneys Changes Name

402.05
Revocation

402.05 (a)
Examiner Must Notify Associate of Revo-
cation

402.06
Attorney Withdraws

402.07
Assignee Can Revoke Power of Attorney of
Applicant

402.08
Application in Interference

403
Correspondence-With Whom Held

403.01
With Associate Attorney

403.02
Two Attorneys for Same Applications

404
Conflicting Parties Having Same Attorney

405
Attorney Not of Record

406
Death of Attorney

407
Disbarred Attorney

408
Representatives of Out-of-Town Attorneys

409
Death, Insanity, or Unavailability of Inventor

409.01
Death of Inventor

409.01 (
(a)
Prosecution by Administrator or Executor

409.01 (b)
Proof of Authority

409.01 (c)
After Administrator is Discharged

409.01 (d)
Exception in Some Foreign Countries

409.01 (e)
Applicant of Assigned Application Dies

409.01 (f)
Intervention of Administrator not Com-
pulsory

409.02
Insanity or Other Legal Incapacity

409.03
Unavailability of Inventor

410
Handling of Papers Received after Application
is Filed

## 401 Patent Office Cannot Aid in Selec- tion of Attorney

Rule 31. Applicants May Be Represented by an
Attorney or Agent. An applicant for patent may file
and prosecute his own case, or he may be represented
by an attorney or agent authorized to practice before
the Patent Office in patent cases. The Patent Office
cannot aid in the selection of an attorney or agent.

## 402 Power of Attorney

Rule 34. Power of attorney or authorization. Be-
fore any attorney or agent, original or associate, will be

allowed to inspect papers or take action of any kind in
any application or proceeding, a written power of
attorney or authorization, from the person or persons
entitled to prosecute the application or from the prin-
cipal attorney or agent in the case of an associate
attorney or agent, must be filed in that particular
application or proceeding.

Usually a power of attorney is made a part
of the petition, see 601.02. In order that this
power may be valid, the attorney or agent
appointed must be registered.

When an application for patent is filed accom-
panied by a power of attorney or authorization of
agent to a person not registered to practice before
the United States Patent Office, the Application
Branch will send the official filing receipt directly
to the applicant, together with an explanatory let-
ter. A copy of the letter will be sent to the person
named in the power of authorization and a copy
placed in the file without being given a paper num-
ber. The name of the unregistered person will not
be placed on the face of the file, and the examiner
will communicate only with the applicant directly
unless and until the applicant appoints a recognized
practitioner. An associate power of attorney or
authorization from the unregistered person will not
be recognized or accepted. If a request for special
recognition accompanies the application, the Appli-
cation Branch will forward the file to the Chair-
man of the Committee on Enrollment. (Notice of
March 29, 1949.

See also 1702. If power of attorney is filed after
application is filed, see 410.

## 402.01 Exceptions as to Registration

Rule .842. Limited recognition. Any person not
registered and not entitled to be recognized under
rule 341 as an attorney or agent to represent appli-
cants generally may, upon a showing of circumstances
which render it necessary or justifiable, be recognized
by the Commissioner to prosecute as attorney or agent
a specified application or applications, but this limited
recognition shall not extend further than the applica-
tion or applications specified.

Sometimes in a joint application one of the
coinventors gives to the other the power of
attorney in the case. Such power will be recog-

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nized even though the one to whom it is given
is not registered.

## 402.02 Appointment of Associate At- torney

The principal attorney (either original or
substituted) may appoint an associate attorney.
The associate attorney cannot appoint another
attorney; this being indicated by the portion
of Rule 34 which states that the power of at-
torney or authorization must be "from the prin-
cipal attorney or agent in the case of an asso-
ciate attorney or agent." See also 406.

## 402.03 Appointment of Substitute At- torney

In order to simplify the procedure relative to new
powers of attorney filed in connection with the for-
mation, dissolution or reorganization of firms, a
power of attorney signed by the attorney or firm
originally empowered to act appointing a substitute
attorney or firm, will be accepted provided that the
original power of attorney authorizes a substitution,
and provided further that the substitute attorney
or firm includes at least one person who was em-
powered to act under the original power of attorney.

Except as indicated above, no appointment of a
substitute attorney will be accepted unless it is
signed or concurred in by the applicant or the
assignee of the entire interest. In all cases where
the substitute power of attorney is accepted, the
name of the replaced attorney or firm will be can-
celled from the file.

The Docket Clerk of the examining division will
enter all proper substitute powers of attorney filed
in ex parte cases which are signed by the principal
attorney or firm. Other substitute powers of
attorney should be forwarded immediately to the
Docket Branch for acknowledgment, acceptance
and entry when properly signed or for return when
not in compliance with this Notice. (Notice of April
23,1957.)

See 402.07.

## 402.04 Power of Attorney to a Firm

Rule 346. Signature and certificate of attorney.
Every paper filed by an attorney or agent representing
an applicant or party to a proceeding in the Patent
Office must bear the signature of such attorney or
agent, except papers which are required to be signed
by the applicant or party in person (such as the appli-
cation itself and affidavits required of applicants).
The signature of an attorney or agent to a paper filed
by him, or the filing or presentation of any paper by
him, constitutes a certificate that the paper has been
read; that its filing is authorized; that to the best of

his knowledge, information, and belief there is a good
ground to support it; and that it is not interposed for
delay. When an applicant or party is represented by
a registered firm, such papers must carry the signature
of the firm, or the signature of an individual member
of the firm or an individual registered attorney or
agent employed by the firm and duly authorized to
sign on behalf of the firm in addition to the firm name,
and the certification constituted by the signing or
presentation of the paper shall be a certification by and
on behalf of the firm and by the individual.

Note that, in the case of a power of attorney to
a firm, Rule 346 requires (1) the signature of the
firm, or (2) the signature of an individual member
of the firm, or (3) the signature of an individual
registered attorney or agent employed by the firm
and duly authorized to sign on behalf of the firm.
Under (3), above, the name of the firm must
appear but may be either written or typed. The
name of the firm may be used on the drawing as
in the past. (Notice of March 7, 1949, Revised.)

## 402.04 (a) Firm of Attorneys Changes Name

Where a firm having power of attorney in a case
changes its firm name, due, for example, to the
addition of a new member or the withdrawal or
death of one of the members the prosecution of the
case may be continued in the name of the original
firm, if desired. (Notice of Sept. 4, 1894, Revised.)

A mere change of firm name will be accepted
regardless of whether or not authority to sub-
stitute another attorney was included in the
original power of attorney. It is entered by the
docket clerk of the division by amending the old
firm name on the face of the file wrapper. See
402.03 and 410. A notice of the change of firm
name should be signed in the name of the firm
as constituted immediately before the change.

## 402.05 Revocation

Entract from Rule 36. Revocation of power of attor-
ney or authorization; withdrawal of attorney or agent.
A power of attorney or authorization of agent may
be revoked at any stage in the proceedings of a case,
and an attorney or agent may withdraw, upon appli-
cation to and approval by the Commissioner ; and when
it is so revoked, or the attorney or agent so withdrawn,
the Office will communicate directly with the appli-
cant, or with such other attorney or agent as he may
appoint. An attorney or agent, except an associate
attorney or agent whose address is the same as that of
the principal attorney or agent, will be notified of the
revocation of his power of attorney or authorization
and the applicant will be notified of the withdrawal of
the attorney or agent.

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403.02

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Upon revocation of the power of the princi-
pal attorney, appropriate notification is sent
by the Docket Branch. Note: The Examiner
notifies associate attorney of his revocation, see
402.05 (a).

Revocation of the power of the principal at-
torney revokes powers granted by him to other
attorneys.

Revocation of the power of attorney becomes
effective on the date that the revocation is RE-
CEIVED in the Office (in contradistinction to
the date of ACCEPTANCE).

## 402.05 (a) Examiner Must Notify As- sociate of Revocation

An associate attorney whose power has been re-
voked shall be formally notified of such revocation
by the Examiner unless the case is in interference.
In the latter event, the Docket Branch notifies the
attorney, the reason being that all parties to the
interference must be notified. Such notice addressed
to the associate attorney will take the form of the
usual letter from the examiner on blank (POL-90)
and will be in the following language:

You are hereby informed that the associate power
of attorney to
in the above-
entitled case was revoked
by

Examiner.

This letter will not be counted as an action on the
application in which it is entered. (Order No. 2024,
Revised.)

NOTE: Docket Branch always notifies principal at-
torney of his revocation, see 402.05.

## 402.06 Attorney Withdraws

See Extract from Rule 36 in 402.05.

In the event that a notice of withdrawal is filed
by the attorney or attorneys of record, the file will
be forwarded to the Docket Branch where appro-
priate procedure will be followed pertaining to the
withdrawal. (Notice of May 15, 1934, Revised.)

## 402.07 Assignee Can Revoke Power of Attorney of Applicant

The assignee of the entire interest can revoke
the power of attorney of the applicant unless an
"irrevocable" right to prosecute the case had
been given.

Rule 32. Prosecution by assignee. The assignee of
record of the entire interest in an application for
patent is entitled to conduct the prosecution of the
application to the exclusion of the inventor.

Extract from Rule 36. An assignment will not of
itself operate as a revocation of a power or authori-
zation previously given, but the assignee of the entire
interest may revoke previous powers and be repre-
sented by an attorney or agent of his own selection

A power of attorney by the assignee of the
whole interest, if the assignment is recorded in
the Office, revokes all powers given by appli-
cant.

## 402.08 Application in Interference

While an application is involved in interference,
no power of attorney of any kind should be entered
in such application by the Docket Clerk of the
Division. (Memorandum of March 31, 1950, Re-
vised.)

If a power of attorney or revocation is re-
ceived for an application while in interference,
it should be forwarded to the Docket Branch
because all parties to the interference must be
notified. See 410.

## 403 Correspondence-With Whom Held

Rule 35 states that when an attorney has been
duly appointed to prosecute an application cor-
respondence will be held with the attorney.
Double correspondence with an applicant and
his attorney, or with two representatives, will
not be undertaken. See 403.01, 403.02 and
704.01 (d).

## 403.01 Correspondence Held With As- sociate Attorney

Where the attorneys bear relation of princi-
pal attorney and associate attorney, the
correspondence will be had with the associate
attorney unless the principal attorney directs
otherwise. Ex parte Eggan, 1911 C. D. 213; 172
O. G. 1091.

## 403.02 Two Attorneys for Same Appli- cations

If applicant simultaneously appoints two
principal attorneys he should indicate with
which correspondence is to be conducted. If
one is a local (D. C.) attorney and applicant
fails to indicate either attorney, correspond-
ence will be conducted with the local attorney.

If, after one attorney is appointed, a second
attorney is later appointed without revocation
of the power of the first attorney, the name of
the second attorney is entered on the face of the
file (Ex parte Eggan, 1911 C. D. 213; 172 O. G.
1091), with notation that the Office letters are to

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be sent to him. This applies also to associate
attorneys.

## 404 Conflicting Parties Having Same Attorney

See Rule 208 in 1101.01 (k).

### 405 Attorney Not of Record

When an amendment is filed, signed by an
attorney whose power is not of record, see
714.01 (c).

## 406 Death of Attorney

### MEMBER OF FIRM

Death of an individual attorney does not
terminate a power of attorney to his firm. See
5 J. P. O. S. 337, 338. See 402.04 (a) for change
of firm name due to death of an attorney.

## SOLE ATTORNEY

When an attorney listed as deceased by the Com-
mittee on Enrollment still appears as the sole attor-
ney of record at the time of taking the next Office
action, the Examiner will, as a precautionary meas-
ure, mail the carbon copy of the action (labeled
COPY) directly to the applicant, the other copy be-
ing mailed to the office address of the deceased
attorney with the following statement: The Patent
Office having received notice of the death of the at-
torney of record thus terminating his power, a copy
of this action is being mailed directly to the appli-
cant. Applicant may appoint a new attorney.
(Notice of December 12, 1949, Revised.)

When, after the death of the attorney of record,
an amendment is filled by an attorney whose power
is not of record, the amendment should be placed
in the file and the applicant and the attorney who
filed the amendment should be notified that it can-
not be entered unless it is promptly ratifled by the
applicant or by an attorney whose power has been
made of record at the time of such ratification.

An amendment signed by an assistant in the
office of the attorney, the latter having died, may
be admitted, subject to future ratification.

It should be observed that the death of the prin-
cipal attorney results in the lapse of power of any
associate attorney appointed by him. Accordingly,
an amendment signed by such associate attorney
and filed after the death of the principal attorney
cannot be entered and should be treated as directed
hereinabove in the case of an attorney whose power
is not of record.

If the ratification is promptly filed, the amend-
ment should be entered as of the date on which the
amendment was filed. (Notice of May 3, 1948, Re-
vised.)

In carrying out these instructions, Primary Exam-
iners should not set a definite time within which
ratification must be filed, but the word "promptly"
as used above should be used in the notification.
The question of promptness or undue delay in ratifi-
cation should be left for determination when the
ratification is filed and the question of entry of the
amendment arises. In forming a judgment as to
whether any particular ratification has been filed
promptly, consideration should be given to the place
of residence of the applicant and other pertinent
circumstances. (Memorandum of June 28, 1948.)

## 407 Disbarred Attorney See 105.

### 408 Representatives of Out-of-Town Attorneys

Many attorneys have offices or representa-
tives in Washington and it sometimes expedites
business to interview them concerning an appli-
cation. When the Examiner believes the prog-
ress of the application would be advanced there-
by, he may call the attorney in the case by tele-
phone and ask him to come to the Office. List-
ings of Washington representatives of out-of-
town attorneys are kept by the Clerk in charge
of the Attorney's Roster.

### 409 Death, Insanity, or Unavailability of Inventor

If the inventor is dead, insane or otherwise
legally incapacitated, refuses to execute an ap-
plication, or cannot be found, an application
may be made by someone other than the inven-
tor, as specified in the following paragraphs.

Rule 44. Proof of authority. In the cases mentioned
in rules 42 and 43, proof of the power or authority of
the legal representative must be recorded in the Pat-
ent Office or filed in the application before the grant
of a patent.

### 409.01 Death of Inventor

Unless it is coupled with an interest (i. e., the
attorney is also an assignee or part-assignee),
the death of the inventor terminates the power
of attorney and a new power from the heirs,
administrators, executors or assigns is necessary
(but see 409.01 (f)) and also a ratification of
any amendment filed after the death of the in-
ventor by the first-appointed attorney. Such
an amendment may, however, save the case from
abandonment. Therefore ratification is called
for together with proof of authority of the one
ratifying the action. See In re Mattullah, 1912

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409.01 (d)

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C. D. 490; 179 O. G. 853. See following para-
graphs.

# 409.01 (a) Prosecution by Adminis- trator or Executor

Rule 42. When the inventor is dead. In case of the
death of the inventor, the legal representative (execu-
tor, administrator, etc.) of the deceased inventor may
sign the application papers and make the necessary
oath, and apply for and obtain the patent. Where the
inventor dies during the time intervening between the
filing of his application and the granting of a patent
thereon, the letters patent may be issued to the legal
representative upon proper intervention by him.

Application may be made by the heirs of the
inventor, as such, if accompanied by a certifi-
cate from the court that they are all the heirs
and that the estate was under the sum required
by state law for the appointment of an admin-
istrator.

## 409.01 (b) Proof of Authority of Ad- ministrator or Executor

Whenever, because of the death of an inventor,
the right of applying for and obtaining a patent for
an invention devolves upon an executor or adminis-
trator, or whenever an executor or administrator
desires to intervene prior to the granting of a
patent, proof of the authority of such executor or
administrator should in all cases be made of record
in the Patent Office by filling in the application or
recording in the assignment records a certificate of
the clerk of a competent court or of the register of
wills that his appointment is still in full force and
effect. Such certificate shall be signed by an officer
and authenticated by the seal of the court by which
the same was issued. The authority of other legal
representatives of the inventor must be similarly
established.

Should such certificate of appointment be found
to be insufficient for any reason, there may be re-
quired to be filed or recorded a certified and properly
authenticated copy of the letters testamentary or
of the letters of administration, in order that the
scope of authority of the persons who seek to inter-
vene may be a matter of record in this Office.

All applications filed by an executor or administra-
tor are initially referred to the Assignment Branch
to ascertain whether proper authority has been re-
corded or "filed in the application" (Rule 44) and
for suitable endorsement on the file. If the author_
ity is insufficient, correspondence is conducted by the
Assignment Branch. When a reply is received to
such correspondence and also in cases where the
executor or administrator intervenes (after filling)
the case should be sent immediately to the Assign-
ment Branch.

In any case in which the Chief of the Assignment
Branch reports that the authority of the executor
or administrator of record in the case is insufficient,
the Examiner will require the filing in the applica-
tion or the recording in the Assignment Branch of
a certificate of such appointment or a certified copy
of letters testamentary or of letters of administra-
tion in such case before finally passing the case to
issue. (Extract from Order No. 1838, Revised.)

In the case of foreign executors or adminis-
trators, it was formerly the practice to have the
following form executed by a consular officer of
the United States and filed in the application,
thus eliminating the necessity of filing any
other proofs :
"I,
Consul of the United States of
America, at \_\_.\_\_ , duly commissioned and quali-
fied, do hereby certify that there have been ex-
hibited to me papers issued by ____ the author-
ized authorities in this jurisdiction which show
that
is the person authorized to act as
executor or administrator of the estate of
deceased, late of
"In testimony whereof, I hereunto set my
hand and seal this __ day of
19 __.

U. S. Consul"

Use of such forms has been discontinued by
the Department of State. The consular officer
may, as heretofore, authenticate the signature
of the foreign officer attesting to the papers
submitted as proof of authority. Unusual situ-
ations may be referred to the Office of the So-
licitor.

# 409.01 (c) After Administrator or Executor Has Been Dis- charged

When an Administrator or Executor has per-
formed his functions and has been discharged
and it is desired to make an application for an
invention of the deceased, it is necessary for the
Administrator or Executor to take out new let-
ters of administration in order that he may file
a new application of the deceased inventor.

# 409.01 (d) Exception in Some For- eign Countries

The terms "Executor" and "Administrator"
do not find an exact counterpart in all foreign
countries and the procedure is governed by the
necessity of construing those terms to fit the cir-
cumstances of the case. Hence the person or
persons having authority corresponding to that
of Executor or Administrator are permitted to
make application as, for example, the heirs in

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Germany. The authority of such persons
must be proved by an appropriate certificate.
409.01 (e) If Applicant of Assigned
Application Dies

Where an applicant, carrying on the prosecu-
tion of an application after assignment, dies,
his administrator may carry on the prosecution
on filing letters of administration unless and
until the assignee intervenes.

## 409.01 (f) Intervention of Executor Not Compulsory

When an inventor dies after filing an application
the executor or administrator should intervene, but
the allowance of the application will not be with-
held nor the application withdrawn from the issue
if the executor or administrator does not intervene.
(Order No. 2076.)

The practice set forth in the foregoing order
is applicable to an application which has been
placed in condition for allowance or passed to
issue prior to notification of the death of the in-
ventor. See 409.01.

## 409.02 Insanity or Other Legal In- capacity

Rule 43. When the inventor is insane or legally in-
capacitated. In case an inventor is insane or other-
wise legally incapacitated, the legal representative
(guardian, conservator, etc.) of such inventor may
sign the application papers and make the necessary
oath, and apply for and obtain the patent.

The provisions of Order No. 1838, Revised
(see 409.01 (b) ) are applicable in case of in-
sanity or other legal incapacity of an inventor.

## 409.03 Unavailability of Inventor

Rule 47. Filing by other than inventor. (a) If a
joint inventor refuses to join in an application for
patent or cannot be found or reached after diligent
effort, the application may be made by the other in-
ventor on behalf of himself and the omitted inventor.
Such application must be accompanied by proof of the
pertinent facts and must state the last known address
of the omitted inventor. The Patent Office shall for-
ward notice of the filing of the application to the
omitted inventor at sald address. Should such notice
be returned to the Office undelivered, or should the
address of the omitted inventor be unknown, notice of
the filing of the application shall be published in the
Official Gazette. The omitted inventor may subse-
quently join in the application on filing an oath of
the character required by rule 65. A patent may be
granted to the inventor making the application, upon a

showing satisfactory to the Commissioner, subject to
the same rights which the omitted Inventor would
have had if he had been joined.

(b) Whenever an inventor refuses to execute an
application for patent, or cannot be found or reached
after diligent effort, a person to whom the inventor
has assigned or agreed in writing to assign the inven-
tion or who otherwise shows sufficient proprietary in-
terest in the matter justifying such action may make
application for patent on behalf of and as agent for
the inventor. Such application must be accompanied
by proof of the pertinent facts and a showing that
such action is necessary to preserve the rights of the
parties or to prevent irreparable damage, and must
state the last known address of the inventor. The
assignment, written agreement to assign or other evi-
dence of proprietary interest, or a verified copy thereof,
must be filled in the Patent Office at the time of filing
the application. The Office shall forward notice of
the filing of the application to the inventor at the
address stated in the application. Should such notice
be returned to the Office undelivered, or should the
address of the Inventor be unknown, notice of the
filing of the application shall be published in the Offi-
cial Gazette. The inventor may subsequently join in
the application on filing an oath of the character
required by rule 65. A patent may be granted to
the inventor upon a showing satisfactory to the
Commissioner.

Rule 47 (a) and 35 U. S. C. 116 permit a joint
inventor to file an application "on behalf of"
himself and a joint inventor who "cannot be
found or reached after diligent effort" or who
refuses to sign application papers. Rule 47 (b)
and 35 U. S. C. 118 allow a person with a dem-
onstrated proprietary interest to make appli-
cation "on behalf of and as agent for" the in-
ventor under the same circumstances. Neither
section of Rule 47, however, is intended as an
alternative to Rule 42 since the language "can-
not be found or reached after diligent effort"
has no reasonable application to a deceased in-
ventor. In re Application Papers filed Sep-
tember 10, 1954, 703 O. G. 434. See Rule 42
and 409.01.

Application papers submitted under Rule 47
are forwarded by the Application Branch to
the Office of the Solicitor for determination
whether the papers are proper and complete
and whether the verified showing justifies ac-
ceptance under either paragraph of the rule.
Where a refusal of the inventor to sign the
application papers is alleged, the circumstances
of this refusal must be specified in the affidavit.
Where inability to find or reach an inventor
"after diligent effort" is the reason for filing

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under Rule 47, the affidavit should include the
exact circumstances which are relied upon to
establish that a diligent effort was made.
Where the application is made under Rule 47
(b) and 35 U. S. C. 118, the papers must also
show the necessity for so filing and must be
accompanied at filing by papers establishing
an assignment or written agreement to assign,
or by other satisfactory evidence of proprietary
interest.

Rule 65 (b) requires that in Rule 47 applica-
tions the joint applicant in applications under
Rule 47 (b) or the person having a proprietary
interest in applications under Rule 47 (b), state
his relationship to the inventor and, upon infor-
mation and belief, the facts which the inventor
is required by Rule 65 to make oath to. In ap-
plications under Rule 47 (b) and 35 U. S. C.
118, in addition, the petition must request grant
of the patent to the inventor.

If an application under Rule 47 is accepted,
a statement to this effect is entered in the file,
a notice sent to the "inventor designee" at his
last known address, and the application given
a serial number. The Examiner will act on the
Rule 47 application in the usual manner except
that papers filed by an inventor who did not
originally join in the application and papers
relating to its Rule 47 status will be forwarded
to the Solicitor's Office for consideration.

The Office of the Solicitor will determine, in
such event, whether the papers meet the re-
quirements of Rule 65 including the require-
ment, implicit in that rule, that the oath be
made on the basis of actual knowledge of the
application papers on file. This knowledge
may be demonstrated by reference in the oath
to an attached copy of the application.

The "inventor designee" may protest his des-
ignation as an inventor and offer evidence to
support his position. The Office in such case,
although it will allow the "inventor designee"
to make his position of record in the file of the
application and will grant him access to the
application, will not institute inter partes pro-
ceedings in the Rule 47 application. The
rights of said inventor are protected by the
fact that that in an application filed under
Rule 47 (b) and 35 U. S. C. 118 the patent must
issue to the inventor and in an application filed
under Rule 47 (a) and 35 U. S. C. 118 the in-

ventor has the rights of a joint applicant. In
re Application of Hough et al., 703 O. G. 200.

The Office of the Solicitor, after indication
by the Examiner that the case is allowable
(unless completely executed papers have mean-
while been filed) will notify the inventor des-
ignee and set a period of time, usually thirty
days, in which he may take any action he con-
siders appropriate. At the same time the rec-
ord will be finally reviewed to determine
whether it shows an adequate effort ha's been
made to obtain his signature. If the applica-
tion meets the requirements of Rule 47, the
Examiner at the expiration of the period set,
will be so notified by memorandum and the ap-
plication may be passed to issue. The fact that
the application was made under Rule 47 will be
indicated in the heading of the patent.

## 410 Handling of Papers Received After Application Is Filed

The following should be sent to the Docket
Branch for acceptance, acknowledgment and
entry when properly signed or for return :

Principal power of attorney. (See 402.)
Substitute power of attorney signed by appli-
cant or assignee. (See 402.03.)

Revocation of principal power of attorney.
(See 402.05.)

Withdrawal of attorney. (See 402.06.)

All powers of attorney or revocation of pow-
ers of attorney in applications involved in inter-
ference. (See 402.08.)

The Docket Clerk of the Division will enter
the following provided the application is not
involved in interference:

Associate power of attorney. (See 402.02.)
Substitute power of attorney signed by orig-
inal attorney. (See 402.03.)

Change in firm name. (See 402.03.)

Revocation of associate power of attorney.
(See 402.05 (a).)

The Assignment Branch will consider and
enter all papers pertaining to the intervention
by an Executor, Administrator, Guardian, Con-
servator or other such legal representative of
the inventor if proof of authority is recorded
and not merely "filed" in the application. See
409.01 (b) and 409.02.

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