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Supervision of printing patent records...

Legal holidays and Sundays excluded in computing limitations of time___

Motions:

No oral argument except by leave...
Notice of to be served on other side..

To be accompanied by proposed order..

Oath of attorney. - -

Petition for rehearing. See Rehearing.
Process..

Record, diminution of.

Rehearing, petition for.

Argumentative matter not permitted..

Contents....

Opposition to, 10 days for filing unless extended_

Shall act as stay of final mandate....

Time for filing 20 days from decision unless extended.
Printed and 15 copies filed.

Sessions...

Sundays and legal holidays excluded in computing limitations of time.

819413-49- -13

V

V

V

V

V

V

V

V

IX

XI

ΧΙ

ΧΙ

II

III

XII

VII

VII

VII

VII

XXII

VII

VII

VI

IX

Testimony:

Direct examination, cross-examination, etc., to be indicated.......

In other than English language..........

Depositions, each interrogatory to be followed immediately by answer
thereto.

Time, limitations of, to exclude Sundays and legal holidays.

Rule

VIII

X

Writs, attestation of___

VIII

IX

III

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When United States is appellant, attorney for appellee shall file notice of

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If more than 15 pages, shall contain subject index and list of authori-

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Petition for rehearing shall act as stay.

To be issued 30 days after decision, or sooner if so stipulated...

Oral argument, time allowed..

Petition for rehearing shall act as stay of final mandate..

Petition for review....

Process..

Rehearing, petition for, shall act as stay of final mandate..

Remission of additional duties, argument limited to one-half hour a side..

Record. See Transcript.

XVIII

XXI

XIV, XVII

XXII

XXII

XXIII

XXII

XV, XVI

XIV

XXII

XXIII

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RULES APPLICABLE TO PATENT APPEALS

Allowed claims to be included in transcript of record.......
Appeal. See Petition of appeal.

Argument, oral:

Appellant entitled to open and conclude_

Appellee not heard except by leave, if brief in default___.

In cross appeals junior party entitled to open and conclude..

Not more than two counsel on a side except by leave...
Time allowed....

Assignment for hearing:

Rule
par. 3, XXVI

par. 6, XXVII

par. 6, XXVII
par. 6, XXVII

par. 1, XXVII

par. 2, XXVII

Case not assigned until briefs are filed or time for filing them has
elapsed.....

May be advanced by leave of court...

par. 8, xxvII
par. 8, XXVII

Notice of assignments shall be given to Commissioner of Patents, who
shall notify parties interested----

Briefs:

Fifteen copies to be filed.

Three copies to be served on other side....

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XXVIII

par. 3, 4, XXVII
par. 3, 4, XXVII

Appellant's brief in default when case is called for hearing, appeal may be
dismissed..

par. 4, xxvII

Appellee's brief in default, he will not be heard except upon leave... par. 5, xxvII
Contents...

Filing of may be expedited___

par. 3, 4, XXVII

par. 8, XXVII

May not be filed after expiration of time allowed except by leave upon
good cause shown..

par. 4, XXVII

Size same as transcript of record...

Shall be indexed if more than 15 pages..

Time for filing appellant's..

Time for filing appellee's..

Time for filing may be extended by stipulation or motion.

Time for filing extended during summer recess

Reply and supplemental briefs...

Shall have suitable cover..

Call of Patent docket___

par. 3 (e), XXVII

par. 2, XXVI

par. 3, XXVII

par. 4, xxvII

par. 4, xxvII

par. 3, 4, XXVII

Claims rejected and allowed to be included in transcript of record_____

par. 9, XXVII
par. 2, XXVI

XXVIII

par. 3, XXVI

Counts of interference to be included in transcript of record_-_-

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If case called at two successive terms and neither party prepared to pro-

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Interference counts to be included in transcript of record..

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Petition of appeal-Continued

Time may be extended by Commissioner of Patents...

Record. See Transcript.

Rejected claims to be included in transcript of record..

Trade-marks to be included in transcript of record..

Transcript of record:

Allowed claims to be included......

Contents...

Deposit for printing. - -

Estimate of cost for printing to be furnished by clerk..

Interference counts to be included..

Printing and distribution will be under supervision of clerk..

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INDEX-DIGEST, VOLUME 36

Absinthe. (See Liqueur Veritas.)

Allocation of quotas. (See also Quotas.)

The President's proclamation (T. D. 50534) permits the importa-
tion of cattle in the same proportions as imported in 1936 and 1937,
which seems to be an equitable method of allocation of the quantity
which may be imported, and is in accordance with the basis specified
in Article III of the Canadian Trade Agreement. Greene Cattle Com-
pany, Inc. v. United States (1930)_.

American goods returned.

It clearly appears that the exported articles (so-called flat bands
or rims, not flanged) were not parts of machines but were manufac-
tures of metal, although they had been so processed as to be dedicated
to the use of making rims for the T-26 tank. United States v. The
J. D. Richardson Company (1930) –.

It was not intended by the word "alterations," contained in para-
graph 1615 (g), to permit articles, such as in the instant case, to be
exported in an unfinished condition which could not have been classi-
fied as parts of machines, and so manufactured abroad that upon their
return would be properly dutiable as parts of machines. Ib.
Automatic.

That the word "automatic" has different meanings under different
circumstances is evident from the number of cases judicially defining
the word which have been cited by counsel for the respective parties
in this appeal. From these authorities it is obvious that the term
"automatic" is a relative term which, according to the situation
presented, meant one thing in one case and something else in another.
Griffon Importing Co. v. United States (1930) - - .

Bottles. (See Glass bottles.)

Cattle. (See Allocation of quotas; also Quotas.)
Common meaning.

In determining the common meaning of words, courts may receive
evidence as to such meaning and as to the name to be applied to a
given article in common acceptance, but such evidence is merely ad-
visory to the court. In making their determination of common
meaning, courts may consult dictionaries and other authorities and also
draw upon their own knowledge of materials within the common under-
standing. United States v. O. Brager-Larsen (1930) --

The common meaning of a tariff term is not a question of fact, but a
question of law. Ib.

The common meaning of the eo nomine designation "silver or black
fox furs" must be determined as of the date of the tariff act in ques-
tion. Ib.

Construction.

I. Statutes. Tariff Act of 1930 (par. 372) does not provide for
parts of machines in an unfinished condition as did paragraph 372
of the Tariff Act of 1922. The change in the two paragraphs discloses
a congressional intent to limit the provision for parts of machines in
paragraph 372 of the 1930 act to those that are in a finished condition.
United States v. The J. D. Richardson Company (1930) –

Section 336 does not necessarily presuppose the existence of a
competitive domestic industry in order to lend vitality to an investi-
gation by the Tariff Commission. T. M. Duche & Sons, Inc. v. United
States (1930)-.

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