[Federal Register Volume 60, Number 240 (Thursday, December 14, 1995)]
[Rules and Regulations]
[Pages 64125-64126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30340]



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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 10

[Docket No. 9511277-5277-01]
RIN 0651-AA65


Cross-Appeals in Patent and Trademark Office Disciplinary 
Proceedings

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Final rule.

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SUMMARY: The Patent and Trademark Office (PTO) is amending a rule of 
practice in disciplinary cases to provide a time period for filing a 
cross-appeal to the Commissioner of Patents and Trademarks after the 
initial decision of the Administrative Law Judge (ALJ). This amendment 
will simplify the appeals practice in disciplinary cases by eliminating 
the need to file contingent appeals.

EFFECTIVE DATE: January 16, 1996.

FOR FURTHER INFORMATION CONTACT:
Karen L. Bovard, 703-308-5316.

SUPPLEMENTARY INFORMATION: The PTO issued a second notice of proposed 
rulemaking to amend a rule of practice in practitioner disciplinary 
proceedings. 60 FR 4395, Jan. 23, 1995. Under the existing practice, 
after the ALJ's initial decision, a party (either the respondent or the 
Director of the Office of Enrollment and Discipline) might be obliged 
to file a contingent appeal to protect cross-appealable issues in the 
event the opposing party filed an appeal. The amended rule provides a 
time period for the party to file a cross-appeal after the opposing 
party has appealed to the Commissioner from the ALJ's initial decision.
    No comment to the second notice of proposed rulemaking was 
received. The proposed rule is adopted.

Other Considerations

    This rule change conforms with the requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), Executive Orders 12612 and 
12866, and the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce has certified to the Chief Counsel for Advocacy 
of the Small Business Administration that the rule change will not have 
a significant impact on a substantial number of small entities 
(Regulatory Flexibility Act, 5 U.S.C. 605(b)). The principal impact of 
the rule change is to provide a time period to file a cross-appeal in a 
PTO disciplinary proceeding. See the first notice of proposed 
rulemaking. 58 FR at 38996.
    The PTO has determined that the rule change has no Federalism 
implications affecting the relationship between the National Government 
and the States as outlined in Executive Order 12612. The rule change is 
not significant for the purposes of Executive Order 12866.
    The rule change will not impose a burden under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq., since no recordkeeping 
or reporting requirements within the coverage of the Act are placed 
upon the public.

List of Subjects in 37 CFR Part 10

    Administrative practice and procedure, Inventions and patents, 
Lawyers, Reporting and recordkeeping requirements.

    Pursuant to the authority contained in 35 U.S.C. 6, the PTO amends 
37 CFR part 10 as follows:

PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK 
OFFICE

    1. The authority citation for 37 CFR part 10 continues to read as 
follows:


[[Page 64126]]

    Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 6, 31, 32, 
41.

    2. Section 10.155 is amended by revising paragraph (a) to read as 
follows:


Sec. 10.155  Appeal to the Commissioner.

    (a) Within thirty (30) days from the date of the initial decision 
of the administrative law judge under Sec. 10.154, either party may 
appeal to the Commissioner. If an appeal is taken, the time for filing 
a cross-appeal expires 14 days after the date of service of the appeal 
pursuant to Sec. 10.142 or 30 days after the date of initial decision 
of the administrative law judge, whichever is later. An appeal or 
cross-appeal by the respondent will be filed and served with the 
Director in duplicate and will include exceptions to the decisions of 
the administrative law judge and supporting reasons for those 
exceptions. If the Director files the appeal or cross-appeal, the 
Director shall serve on the other party a copy of the appeal or cross-
appeal. The other party to an appeal or cross-appeal may file a reply 
brief. A respondent's reply brief shall be filed and served in 
duplicate with the Director. The time for filing any reply brief 
expires thirty (30) days after the date of service pursuant to 
Sec. 10.142 of an appeal, cross-appeal or copy thereof. If the Director 
files a reply brief, the Director shall serve on the other party a copy 
of the reply brief. Upon the filing of an appeal, cross-appeal, if any, 
and reply briefs, if any, the Director shall transmit the entire record 
to the Commissioner.
* * * * *
    Dated: December 7, 1995.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.
[FR Doc. 95-30340 Filed 12-13-95; 8:45 am]
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