[Congressional Record: November 17, 1999 (Extensions)]
[Page E2420]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr17no99-37]


 A CLARIFICATION FOR THE PATENT AND TRADEMARK PROVISIONS IN H.R. 1554,
     AS PASSED IN THE HOUSE OF REPRESENTATIVES ON NOVEMBER 9, 1999

                                 ______


                        HON. DONALD A. MANZULLO

                              of illinois

                    in the house of representatives

                       Tuesday, November 16, 1999

  Mr. MANZULLO. Mr. Speaker, H.R. 1554, the Satellite Home Viewer Act,
includes most of the legislation that would impact the U.S. Patent
system. I worked closely with the authors of the bill in the House of
Representatives. I appreciate the time they took to listen to my strong
concerns about the original bill, H.R. 1907, which passed in the House
overwhelmingly this past August. I offer these remarks, however, to
create a legislative history and to clarify language in one of the
sections I believed needed reworking--the title concerning Third Party
Re-Examination.
  Under Subtitle F--Optional Inter Partes Reexamination Procedure,
Section 4605 Conforming Amendments, paragraph (b) contains what I
believe to be a technical error. Section 134 of title 35 of the United
States Code is amended in two sub-paragraphs (a) and (b). H.R. 1554
uses the term ``administrative patent judge'' where it should read
``primary examiner,'' in both paragraphs. Therefore, this section
should read,
  Section 134 of title 35, United States Code, is amended to read as
follows:
  ``Section 134. Appeal to the Board of Patent Appeals and
Interferences
  ``(a) Patent Applicant.--An applicant for a patent, any of whose
claims has been twice rejected, may appeal from the decision of the
primary examiner to the Board of Patent Appeals and interferences,
having once paid the fee for such appeal.
  ``(b) Patent Owner.--A patent owner in any reexamination proceeding
may appeal from the final rejection of any claim by the primary
examiner to the Board of Patent Appeals and Interferences, having once
paid the fee for such appeal.''
  I thank the Speaker for his indulgence in allowing me this
opportunity to clarify the language of this section of H.R. 1554.

                          ____________________
