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RULES APPLICABLE TO APPEALS FROM THE UNITED STATES TARIFF COMMISSION

Rule XXX. Appeals from the United States Tariff Commission.

Appeals to this court from the United States Tariff Commission shall be subject to the rules hereinbefore provided under the headings "General" and "Rules applicable to customs cases."

FORMS, UNITED STATES COURT OF CUSTOMS
AND PATENT APPEALS
Form

1. Form of Notice of Appeal to the U. S. Court of Customs and Patent Appeals in an Ex Parte Case, with Reasons of Appeal.

2. Form of Petition for an Appeal to the U. S. Court of Customs and Patent Appeals in an Ex Parte Case. 3. Form of Notice of Appeal to the U. S. Court of Customs and Patent Appeals in an Interference Case, with Reasons of Appeal and Request for Transcript.

4. Form of Petition for an Appeal to the U. S. Court of Customs and Patent Appeals in an Interference Case.

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That on the day of ---, 19--, in the manner prescribed by law, he presented his application to the Patent Office, praying that a patent be issued to him for the said invention.

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That such proceedings were had in said office upon said application; that on the ---. day of 19, it was rejected by the board of appeals and a patent for said invention was refused him.

That on the ______ day of _‒‒‒‒‒, 19, your petitioner, pursuant to sections 4912 and 4913, Revised Statutes, United States, gave notice to the Commissioner of Patents of his appeal to this honorable court from his refusal to issue a patent to him for said invention upon said application as aforesaid, and filed with him, in writing, the special reasons of appeal hereinafter included.

That the Commissioner of Patents has furnished him a certified transcript of the record and proceedings relating to said application for patent, including the notice and reasons of appeal, which transcript is filed herewith and is to be deemed and taken as a part hereof.

Wherefore your petitioner prays that his said appeal may be heard upon and for the reasons assigned therefor to the commissioner as aforesaid, and that said appeal may be determined and the decision of the commissioner be revised and reversed, that justice may be done in the premises.

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That the subject-matter of said interference as set forth in the official declaration was as follows: [Here state the issues of the interference] That thereafter, to wit, on the ---- day of 19, the case having been submitted upon the preliminary statements and evidence presented by the parties thereto, the Examiner of Interferences [or board of interference examiners] rendered a decision awarding priority of invention to

That, pursuant to the statutes and the rules of practice in the Patent Office in such case made and provided, appealed from the said adverse decision of the Examiner of Interferences to

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day of

19, your peti

That on the tioner, pursuant to sections 4912 and 4913, Revised Statutes, United States, gave notice to the Commissioner of Patents of his appeal to this honorable court from the decision of the board of appeals [or board of interference examiners] awarding priority of invention to said ------, as aforesaid, and filled with him, in writing, the special reasons of appeal hereinafter included.

That the Commissioner of Patents has furnished your petitioner a certified transcript of the record and proceedings relating to said interference case, including the notice and reasons of appeal, which transcript is filled herewith and is to be deemed and taken as a part hereof.

Wherefore your petitioner prays that his said appeal may be heard upon and for the reasons assigned therefor to the commissioner, as aforesaid, and that said appeal may be determined and the decision of the commissioner be revised and reversed, that justice may be done in the premises.

By

His Attorney.

[To be signed here by a member of the bar of the U. S. Court of Customs and Patent Appeals]

-1)

Solicitor and of Counsel.

REFERENCES IN TEXT

Sections 4912 and 4913, Revised Statutes, United States, referred to in the text, were repealed by act July 19, 1952, ch. 950, § 5, 66 Stat. 815, and are now covered by sections 142 and 143 of this title.

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Memorial building to Women of World War I; expenditures; supervision.

16. Exchange of Government-owned cotton for articles containing wool.

17-17b. Repealed.

CROSS REFERENCES

Damage by flood or other catastrophe, responsibilities of American National Red Cross unaffected by provisions, see section 1855c of Title 42, The Public Health and Welfare.

Operation of American Red Cross vessels under Neutrality Act of 1939, see section 444 of Title 22, Foreign Relations and Intercourse.

§1. Corporation created.

Clara Barton, Hilary A. Herbert, Thomas F. Walsh, Charles C. Glover, Charles J. Bell, Mabel T. Boardman, George Dewey, William R. Day, Nelson A. Miles, James Tanner, William K. Van Reypen, John M. Wilson, Simon Wolf, James R. Garfield, Gifford Pinchot, S. W. Woodward, Mary A. Logan, Walter Wyman, of Washington, District of Columbia; George H. Shields, of Missouri; William H. Taft, F. B. Loomis, Samuel Mather, of Ohio; Spencer Trask, Robert C. Ogden, Cleveland H. Dodge, George C. Boldt, William T. Wardwell, John G. Carlisle, George B. McClellan, Elizabeth Mills Reid, Margaret Carnegie, of New York; John H. Converse, Alexander Mackay-Smith, J. Wilkes O'Neill, H. Kirke Porter, of Pennsylvania; Richard Olney, W. Murray Crane, Henry L. Higginson, William Draper, Frederick H. Gillett, of Massachusetts; Marshall Field, Robert T. Lincoln, Lambert Tree, of Illinois; A. G. Kaufman, of South Carolina; Alexander W. Terrell, of Texas; George Gray, of Delaware; Redfield Proctor, of Vermont; John W. Foster, Noble C. Butler, Robert W. Miers, of Indiana; John Sharp Williams, of Mississippi; William Alden Smith, of Michigan; Horace Davis, W. W. Morrow, of California; Daniel C. Gilman, Eugene Lovering, of Maryland; J. Taylor Ellyson, of Virginia; Daniel R. Noyes, of Minnesota;

Emanuel Fiske, Marshall Fiske, of Connecticut, together with five other persons to be named by the President of the United States, one to be chosen from each of the Departments of State, War, Navy, Treasury, and Justice, their associates and successors, are created a body corporate and politic in the District of Columbia. (Jan. 5, 1905, ch. 23, § 1, 33 Stat. 599.)

PREAMBLE

Act Jan. 5, 1905, as amended by act May 8, 1947, ch. 50, §§ 1, 2, 61 Stat. 80, provided:

"Whereas on the twenty-second of August, eighteen hundred and sixty-four, at Geneva, Switzerland, plenipotentiaries respectively representing Italy, Baden, Belgium, Denmark, Spain, Portugal, France, Prussia, Saxony, and Wurttemberg and the Federal Council of Switzerland agreed upon ten articles of a treaty or convention for the purpose of mitigating the evils inseparable from war; of ameliorating the condition of soldiers wounded on the field of battle, and particularly providing, among other things, in effect, that persons employed in hospitals and in according relief to the sick and wounded and supplies for this purpose shall be deemed neutral and entitled to protection; and that a distinctive and uniform flag shall be adopted for hospitals and ambulances and convoys of sick and wounded and an arm badge for individuals neutralized; and

"Whereas the said treaty has been revised and extended by a treaty or convention for the amelioration of the condition of the wounded and the sick of armies in the field. signed at Geneva, July 27, 1929, and adhered to by the United States of America, effective August 8, 1932; and

"Whereas the International Conference of Geneva of eighteen hundred and sixty-three recommended 'that there exist in every country a committee whose mission consists in co-operating in times of war with the hospital service of the armies by all means in its power;' and

"Whereas a permanent organization is an agency needed in every nation to carry out the purposes of said treaties, and especially to secure supplies and to execute the humane objects contemplated by said treaties, with the power to adopt and use the distinctive flag and arm badge specified by said treaties, on which shall be the sign of the Red Cross, for the purpose of cooperating with the 'Comité International de Secours aux Militaires Blessés' (International Committee of Relief for Wounded in War); and

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"Whereas in accordance with the requirements and customs of said international body such an association adopting and using said insignia was formed in the city of Washington, District of Columbia, in July, eighteen hundred and eighty-one known as "The American National Association of the Red Cross,' reincorporated April seventeenth, eighteen hundred and ninety-three, under the laws of the District of Columbia, and reincorporated by Act of Congress in June, nineteen hundred; and

"Whereas it is believed that the importance of the work demands a repeal of the present charter and a reincorporation of the society under Government supervision: Now, therefore,".

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ la. Continuation of corporation; incorporators; powers and duties.

The corporation now existing as The American National Red Cross under sections 1, 2, 3, 4a-6, 8, and 9 of this title shall continue as a body corporate and politic in the District of Columbia. The first national convention after May 8, 1947 shall be con

vened and held under rules and regulations prescribed by the governing body of the corporation as presently constituted. After such first national convention, the Board of Governors of the corporation from time to time shall constitute the associates and successors of the incorporators named in said sections, and neither the said incorporators nor any associates or successors theretofore deignated by them or by their successors shall have any powers or duties. (May 8, 1947, ch. 50, § 8, 61 Stat. 83.) § 2. Name of corporation; powers.

The name of this corporation shall be "The American National Red Cross", and by that name it shall have perpetual succession, with the power to sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; to have and to hold such real and personal estate as shall be deemed advisable and to dispose of the same, to accept gifts, devises, and bequests of real and personal estate for the purposes of this corporation hereinafter set forth; to adopt a seal and the same to alter and destroy at pleasure; and to have the right to have and to use, in carrying out its purposes hereinafter designated, as an emblem and badge, a Greek red cross on a white ground, as the same has been described in the treaties of Geneva, August twentysecond, eighteen hundred and sixty-four and July twenty-seventh, nineteen hundred and twenty-nine, and adopted by the several nations acceding thereto; to ordain and establish bylaws and regulations not inconsistent with the laws of the United States of America or any State thereof, and generally to do all such acts and things as may be necessary to carry into effect the provisions of sections 1, 2, 3, 4a-6, 8, and 9 of this title and promote the purposes of said organization; and the corporation created is designated as the organization which is authorized to act in matters of relief under said treaties. In accordance with the said treaties, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority. (Jan. 5, 1905, ch. 23, § 2, 33 Stat. 600; May 8, 1947, ch. 50, § 3, 61 Stat. 81.)

AMENDMENTS

1947-Act May 8, 1947, amended section to increase certain powers of corporation to accept gifts and devises of real estate.

CROSS REFERENCES

Exclusion from gross income of proceeds of certain sports programs conducted for benefit of American National Red Cross, see section 114 of Title 26, Internal Revenue Code.

Licenses for erection and use of buildings on military installations, see section 2670 of Title 10, Armed Forces. Loan of equipment needed for instruction and practice to organization formed by Red Cross aiding armed forces in war time, see section 2542 of Title 10, Armed Forces. FEDERAL RULES OF CIVIL PROCEDURE

Federal Rules of Civil Procedure as governing the procedure in all suits of a civil nature whether cognizable as cases at law or in equity, see rule 1, Title 28, Appendix, Judiciary and Judicial Procedure.

One form of action, see rule 2.

§ 3. Purposes of corporation.

The purposes of the corporation are and shall beFirst. To furnish volunteer aid to the sick and wounded of Armed Forces in time of war, in accordance with the spirit and conditions of the conference

of Geneva of October, eighteen hundred and sixtythree, and also of the treaties of the Red Cross, or the treaties of Geneva, of August twenty-second, eighteen hundred and sixty-four, and July twentyseventh, nineteen hundred and twenty-nine, to which the United States of America has given its adhesion, and also of any other treaty or convention similar in purpose to which the United States of America may hereafter give its adhesion.

Second. And for said purposes to perform all the duties devolved upon a national society by each nation which has acceded to any of said treaties or conventions.

Third. To succeed to all the rights and property which were prior to January 5, 1905, held and to all the duties which were prior to January 5, 1905, performed by the American National Red Cross as a corporation duly incorporated by Act of Congress June 6, 1900, which Act is repealed and the organization created thereby is dissolved.

Fourth. To act in matters of voluntary relief and in accord with the military authorities as a medium of communication between the people of the United States of America and their Armed Forces, and to act in such matters between similar national societies of other governments through the "Comité International de Secours", and the Government and the people and the Armed Forces of the United States of America.

Fifth. And to continue and carry on a system of national and international relief in time of peace and apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry on measures for preventing the same. (Jan. 5, 1905, ch. 23, § 3, 33 Stat. 600; May 8, 1947, ch. 50, § 4, 61 Stat. 81; July 17, 1953, ch. 222, § 4 (a), (b), 67 Stat. 179.)

REFERENCES IN TEXT

Act of Congress June 6, 1900, referred to in text, is act June 6, 1900, ch. 784, 31 Stat. 277.

AMENDMENTS

1953-Act July 17, 1953, amended section by substituting "Armed Forces" for "armies" in the first clause, by substituting "Armed Forces" for "Army and Navy" and by deleting "and naval" following "military" in the fourth clause.

1947-Act May 8, 1947, amended first and second pars. to include the treaty of July 27, 1929.

CROSS REFERENCES

Cooperation and assistance to armed forces, see section 2602 of Title 10, Armed Forces.

Detail of officers of Army Medical Service, see section 3539 of Title 10, Armed Forces.

Operation of American Red Cross vessels under Neutrality Act of 1939, see section 444 of Title 22, Foreign Relations and Intercourse.

§4. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section, acts Jan. 5, 1905, ch. 23, § 4, 33 Stat. 600; June 23, 1910, ch. 372, § 1, 36 Stat. 604, related to fraudulent representation or use of insignia, and is now covered by sections 1, 706 and 917 of Title 18, Crimes and Criminal Procedure.

§ 4a. Membership; status of chapters; rules and regulations governing chapters; election of officers. Membership in the American National Red Cross shall be open to all the people of the United States, its Territories, and dependencies, upon payment of

the sums specified from time to time in the bylaws. The chapters of the American National Red Cross shall be the local units of the corporation within the States and Territories of the United States. The regulations with respect to the granting of charters to the chapters and the revocation of the same, the territorial jurisdiction of the chapters, the relationship of the chapters to the corporation and compliance by the chapters with the policies and rules of the corporation, shall be as determined from time to time by the Board of Governors. Such regulations shall require that each chapter shall, in the election of the governing body of the chapter and in the selection of delegates to the national convention of the corporation, adhere to democratic principles of election as specified in the bylaws. (Jan. 5, 1905, ch. 23, § 4a, as added May 8, 1947, ch. 50, § 5, 61 Stat. 81.)

§ 5. Board of Governors; number; election; tenure; filling vacancies; annual meetings; voting by proxy.

The governing body of the corporation in which all powers of government, direction, and management of the corporation shall be lodged, shall consist of a Board of Governors numbering fifty persons, to be appointed or elected in the manner following, namely:

(a) Eight Governors shall be appointed by the President of the United States. Of the Governors so appointed, one shall be designated by the President of the United States to act as the principal officer of the corporation with such title and such functions as may from time to time be prescribed in the bylaws; and the remainder shall be officials of departments and agencies of the Federal Government, whose positions and interests are such as to qualify them to contribute toward the accomplishment of Red Cross programs and objectives. Of these at least one and not more than three shall be selected from the armed forces.

(b) Thirty Governors shall be elected by the chapters. The Governors so elected shall be elected at the national convention under procedures for nomination and election which shall be such as to insure equitable representation of all the chapters, having regard to geographical considerations, to the size of the chapters and to the size of the populations served by the chapters.

(c) Twelve Governors shall be elected by the Board of Governors as members-at-large. The Governors so elected shall be individuals who are representative of the national interests which it is the function of the Red Cross to serve, and with which it is desirable that the corporation shall have close association.

The term of office of all Governors shall be three years, except that the term of office of any Governor appointed by the President of the United States (other than the principal officer of the corporation) shall expire if and when such Governor shall retire, prior to the date on which his term as Governor would otherwise expire, from the official position held at the time of his appointment as Governor.

Of the first Board of Governors to be selected hereunder, those Governors to be elected pursuant to subsection (b) of this section shall be elected at the

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