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# Section 1. INTRODUCTION

1-1. Scope and Authority of Manual

-2. Constitutional Basis

-3. Statutes

-4. Rules of Practice

-5. Commissioner's Orders and Notices

-6. Decisions

-7.
7. Organization of Patent Office

-8.
Commissioner

-9.
Board of Appeals

-10.
Board of Interference Examiners

-11 .
Solicitor

-12 .
Patent Examining Operation

-13 .
Supervisory Examiners

-14.
Executive Office

-15.
Trade-Marks

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1\.

# INTRODUCTION

## 1-1. Scope and Authority of Manuel

The purpose of this manual is three-fold; first, to
serve as an adequate text for new examiners to study, second,
to serve as a standard reference work for the examining
corps; and third, to promote uniformity of practice among
all the divisions of the Office.

THE MANUAL SETS FORTH PRACTICE BINDING UPON THE
EXAMINER. IN THE FUTURE, INSTEAD OF ISSUING ORDERS AND
NOTICES, REVISIONS OR ADDITIONS TO THIS MANUAL WILL BE
ISSUED .

## 1-2. Constitutional Basis '

The Constitution of the United States provides that
"The Congress shall have power ---- to promote the progress
of science and useful arts, by securing for limited times
to ---- inventors the exclusive right to their ---- discov-
eries." (Art. I, sec. 8.)

1-3.
Statutes

Pursuant to the foregoing provision of the Constitu-
tion, Congress has passed a number of statutes under which
the Patent Office is organized and our patent system is
established. The principal laws relating to patents and
the Patent Office are compiled in a Patent Office pamphlet
entitled "Patent Laws."

## 1-4. Rules of Practice

One of the statutes, namely, Section 483 R.S author-
izes the Commissioner of Patents, subject to the approval of
the Secretary of Commerce, to establish from time to time
regulations, not inconsistent with law, for the conduct of
proceedings in the Patent Office. These regulations are set
forth in a Patent Office booklet entitled "Rules of Practice
in the United States Patent Office." The Rules of Practice
are binding upon applicants and their attorneys.

1-5.
Commissioner's Orders and Notices

From time to time, the Commissioner of Patents has
issued Orders and Notices relating to various specific situa-
tions that have arisen in operating the Patent Office

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1-6.

# Decisions

In addition to the statutory regulations, the actions
taken by the Examiner in the examination of applications for
patents are to some extent governed by decisions on prior
cases. Those dissatisfied with an Examiner's action may
have it reviewed. In general, it may be stated that from
that portion of the Examiner's action pertaining to objec-
tions on formal matters, a petition for review may be taken
to the Commissioner of Patents (12-1) and from that portion
of the Examiner's action pertaining to the rejection of
claims on the merits, an appeal may be taken to the Board of
Appeals (14-1). The distinction is set forth in Rules 31
and 32. The decision of the Commissioner on formal matters
is final but the decisions of the Board of Appeals on ques-
tions passed on by them may be carried to the courts. See
14-4. In citing decisions as authority for his actions, the
Examiner should cite the decision in the manner set forth in
10-9-7 of the manual and should clearly state what point in
the decision supports his contention.

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# OFFICE OF COMMISSIONER OF PATENTS

COMMISSIONER OF PATENTS
FIRST ASSISTANT COMMISSIONER
ASSISTANT COMMISSIONER
ASSISTANT COMMISSIONER

BOARD OF
APPEALS

BOARD OF
INTERFERENCE
EXAMINERS

OFFICE OF THE
SOLICITOR

OFFICE OF THE
EXAMINER OF
TRADE-MARK
INTERFERENCES

Organization of Patent Office

EXECUTIVE OFFICE

PATENT EXAMINING
OPERATION

TRADE -MARK EXAMINING
OPERATION

ADMINISTRATIVE
MANAGEMENT
DIVISION

BUDGET
DIVISION

PATENT
EXAMINING
GROUP I

PATENT
EXAMINING
GROUP !1

TRADE -MARK
CLASSIFICATION
DIVISION

TRADE-DARK
EXAMINING
GROUP

ELGUIDING DIVISIONS
(AS A531@FED)

EXAMINING DIVISIONS
(AS ASSIGNED)

TRADE-NIMIS ELANDING
BIP: Scanz

PERSONNEL
BOISIAIG

FIBANCIAL
DIVISION

PATENT
EXAMINING
GROUP 111

PATENT
EXAMINING
GROUP IV

EUMIBIDO DIVISIONS
(AS ASSIGNED)

EXBUINING DIVISICES
(AS ASSIGNED)

PATENT
SERVICES
DIVISION

ADMINISTRATIVE
SERVICES
DIVISION

PATENT
EXAMINING
GROUP V

CLASSIFICATION
GROUP

Chart revised March 29, 1948

ELOHIMLING DIVISIONS
(AS ASSIGNED)

CLASSIFICATION
DIVISION'S

Approved by
Saumon 6 Kingback
Caaniea loner
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The Patent Office is a bureau within the Department
of Commerce

The Commissioner of Patents superintends the grant-
ing and issuing of patents as directed by law. He is
assisted by the First Assistant Commissioner and several
Assistant Commissioners.

1-9.
Board of Appeals

In addition to their other assignments the Commis-
sioner of Patents and the Assistant Commissioners, together
with nine Examiners-in-Chief, constitute the Board of Appeals
whose duty it is to hear 'and decide appeals from adverse
decisions of Examiners upon applications for patents. Each
appeal is heard by at least three members of this Board of
Appeals .

1-10.
Board of Interference Examiners

The Board of Interference Examiners deals with ques-
tions of priority between rival claimants to the same or
substantially the same patentable invention. Interferences
are decided by three members of the Board and in appropriate
cases, their decisions may be carried to the courts.

1-11.
Solicitor

The Office of the Solicitor comprises a Solicitor and
five Law Examiners. This office is under the immediate
direction of the Commissioner of Patents. The functions of
the Solicitor and his staff of Law Examiners are to represent
the Commissioner of Patents in cases requiring his Appear-
Ance in court ; rcseeding3.

1- 12
Latent. Examining Operation

The ta ut wxamining Operation which is, of course,
by far the west important function of the Patent Office, is
directly under ste commissioner of Patents. Six groups.
Patent Exumtotur want to V and a Classification Group
divide .. . ..
wth of these groups is headed by a
Supervi ... y
the Supervisory Patent Examiner of

Hipervises the operation of a number
.. assigned while the Classification
Supervisory . na supervises the several classification
divla1.

.InTHE Group develops And maintaing a
systemfreation of scientific and technological
Art rup ting durch to the examination of patent applications,

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maintains a uniform practice governing requirements for
division.

The Patent Examining Groups, acting through the pat-
ent examining divisions assigned thereto under the adminis-
trative direction of the Supervisory Patent Examiner in
charge determine the novelty of the subject matter claimed
and the conformity of applications with statutory and Office
requirements in connection with allowing or denying the
grant of Letters Patent. Each patent examining division is
headed by a Primary Patent Examiner and each classification
division is headed by a Primary Classification Examiner.
Each examining and classification division has an Assistant
Primary Examiner and a number of Examiners of grades P-l
through P-5.

The Primary Patent Examiners have the final responsi-
bility for all actions taken in applications pending in their
respective divisions and have complete responsibility for the
final allowance of patents issuing from their respective
divisions.

1-13.
Supervisory Examiners

The Supervisory Patent Examiners aid the Commissioner
in the administration of the Patent Office with respect to
the examining personnel, and in coordinating the formal pro-
cedures and practices among the examining divisions. Moreover,
they investigate complaints, investigate or decide for the
Commissioner such petitions on matters relating to examining
procedure as may be referred or delegated by the Commissioner;
pass upon certain actions proposed to be taken by Examiners;
and perform such other duties as may be assigned by the Com-
missioner. See 12-3. A list of those actions taken by the
Primary Patent Examiners which must be approved by a Super-
visory Examiner before mailing is. given in 12-3.

1-14.
Executive Office

The Executive Office is headed by the Executive Officer
who is directly under the Commissioner of Patents. As shown
by the chart, the Executive Office comprises a number of divi-
sions handling the administrative, financial, personnel, and
services (as distinguished from examining) work of the Office.

1-15.
Trade-Marks

The Trade-Mark procedure is not covered in this manual.