§ 1087. Power-driven vessels in narrow channels; nearing bends therein (Rule 25).

(a) In a narrow channel every power-driven vessel when proceeding along the course of the channel shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such vessel.

(b) Whenever a power-driven vessel is nearing a bend in a channel where a vessel approaching from the other direction cannot be seen, such powerdriven vessel, when she shall have arrived within one-half (2) mile of the bend, shall give a signal by one prolonged blast on her whistle which signal shall be answered by a similar blast given by any approaching power-driven vessel that may be within hearing around the bend. Regardless of whether an approaching vessel on the farther side of the bend is heard, such bend shall be rounded with alertness and caution.

(c) In a narrow channel a power-driven vessel of less than 65 feet in length shall not hamper the safe passage of a vessel which can navigate only inside such channel. (Pub. L. 88-31, § 4, Sept. 24, 1963, 77 Stat. 207.)

CODIFICATION

See Historical Note under section 1053 of this title.

§ 1088. Right of way of fishing vessels; obstruction of fairways (Rule 26).

All vessels not engaged in fishing, except vessels to which the provisions of section 1064 of this title apply, shall, when under way, keep out of the way of vessels engaged in fishing. This section shall not give to any vessel engaged in fishing the right of obstructing a fairway used by vessels other than fishing vessels. (Pub. L. 88-131, § 4, Sept. 24, 1963,

77 Stat. 207.)

CODIFICATION

See Historical Note under section 1053 of this title.

§ 1089. Special circumstances requiring departure from rules to avoid immediate danger (Rule 27). In obeying and construing sections 1078-1089 of this title due regard shall be had to all dangers of navigation and collision, and to any special circumstances, including the limitations of the craft involved, which may render a departure from such sections necessary in order to avoid immediate danger. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 207.)

CODIFICATION

See Historical Note under section 1053 of this title.

SOUND SIGNALS FOR VESSELS IN SIGHT OF ONE ANOTHER

§ 1090. Sound signals indicating course (Rule 28). (a) Meaning of blasts.

When vessels are in sight of one another, a powerdriven vessel under way, in taking any course authorised or required by sections 1061-1094 of this title, shall indicate that course by the following signals on her whistle, namely

One short blast to mean "I am altering my course to starboard".

Two short blasts to mean “I am altering my course to port".

Three short blasts to mean "My engines are going astern".

(b) Doubt as to action of other vessel.

Whenever a power-driven vessel which, under sections 1061-1094 of this title, is to keep her course and speed, is in sight of another vessel and is in doubt whether sufficient action is being taken by the other vessel to avert collision, she may indicate such doubt by giving at least five short and rapid blasts on the whistle. The giving of such a signal shall not relieve a vessel of her obligations under sections 1089 and 1091 of this title or any other provision of sections 1061-1094 of this title, or of her duty to indicate any action taken under sections 10611094 of this title by giving the appropriate sound signals laid down in this section.

(c) Simultaneous operation of whistle and visual signals.

Any whistle signal mentioned in this section may be further indicated by a visual signal consisting of a white light visible all round the horizon at a distance of at least 5 miles, and so devised that it will operate simultaneously and in conjunction with the whistle-sounding mechanism and remain lighted and visible during the same period as the sound signal.

(d) Additional signals between ships of war or vessels sailing under convoy.

Nothing in sections 1061-1094 of this title shall interfere with the operation of any special rules made by the Government of any nation with respect to the use of additional whistle signals between ships of war or vessels sailing under convey. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 207.)

CODIFICATION

See Historical Note under section 1053 of this title.

MISCELLANEOUS RULES

§ 1091. Usual additional precautions required generally (Rule 29).

Nothing in sections 1061-1094 of this title shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 208.) CODIFICATION

See Historical Note under section 1053 of this title. § 1092. Reservation of rules for harbours and inland navigation (Rule 30).

Nothing in sections 1061-1094 of this title shall interfere with the operation of a special rule duly made by local authority relative to the navigation of any harbour, river, lake, or inland water, including a reserved seaplane area. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 208.)

CODIFICATION

See Historical Note under section 1053 of this title. § 1093. Distress signals (Rule 31).

(a) When a vessel or seaplane on the water is in distress and requires assistance from other vessels

or from the shore, the following shall be the signals to be used or displayed by her, either together or separately, namely—

(i) A gun or other explosive signal fired at intervals of about a minute.

(ii) A continuous sounding with any fogsignalling apparatus.

(iii) Rockets or shells, throwing red stars fired one at a time at short intervals.

(iv) A signal made by radiotelegraphy or by any other signalling method consisting of the group ... in the Morse Code.

(v) A signal sent by radiotelephony consisting of the spoken word "Mayday".

(vi) The International Code Signal of distress indicated by N.C.

(vii) A signal consisting of a square flag having above or below it a ball or anything resembling a ball.

(viii) Flames on the vessel (as from a burning tar barrel, oil barrel, &c.).

(ix) A rocket parachute flare or a hand flare showing a red light.

(x) A smoke signal giving off a volume of orange-coloured smoke.

(xi) Slowly and repeatedly raising and lowering arms outstretched to each side.

NOTE.-Vessels in distress may use the radiotelegraph alarm signal or the radiotelephone alarm signal to secure attention to distress calls and messages. The radiotelegraph alarm signal, which is designed to actuate the radiotelegraph auto alarms of vessels so fitted, consists of a series of twelve dashes, sent in 1 minute, the duration of each dash being 4 seconds, and the duration of the interval between 2 consecutive dashes being 1 second. The radiotelephone alarm signal consists of 2 tones transmitted alternately over periods of from 30 seconds to 1 minute.

(b) The use of any of the foregoing signals, except for the purpose of indicating that a vessel or seaplane is in distress, and the use of any signals which may be confused with any of the above signals, is prohibited. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 208.)

CODIFICATION

See Historical Note under section 1053 of this title.

ANNEX TO RULES

§ 1094. Other general considerations. Assumptions to be avoided.

(1) Assumptions made on scanty information may be dangerous and should be avoided.

Radar navigation; moderate speed; limitations of radar.

(2) A vessel navigating with the aid of radar in restricted visibility must, in compliance with section 1077 (a) of this title, go at a moderate speed. In

formation obtained from the use of radar is one of the circumstances to be taken into account when determining moderate speed. In this regard it must be recognised that small vessels, small icebergs and similar floating objects may not be detected by radar. Radar indications of one or more vessels in the vicinity may mean that "moderate speed" should be slower than a mariner without radar might consider moderate in the circumstances.

Same; duty to stop.

(3) When navigating in restricted visibility the radar range and bearing alone do not constitute ascertainment of the position of the other vessel under section 1077(b) of this title sufficiently to relieve a vessel of the duty to stop her engines and navigate with caution when a fog signal is heard forward of the beam.

Close quarters; circumstances to guide alteration of course or speed.

(4) When action has been taken under section 1077 (c) of this title to avoid a close quarters situation, it is essential to make sure that such action is having the desired effect. Alterations of course or speed or both are matters as to which the mariner must be guided by the circumstances of the case. Close quarters; alteration of course to avoid.

(5) Alteration of course alone may be the most effective action to avoid close quarters provided that

(a) There is sufficient sea room.

(b) It is made in good time.

(c) It is substantial. A succession of small alterations of course should be avoided.

(d) It does not result in a close quarters situation with other vessels.

Alteration of course; circumstances to guide direction; general preference for alteration to starboard.

(6) The direction of an alteration of course is a matter in which the mariner must be guided by the circumstances of the case. An alteration to starboard, particularly when vessels are approaching apparently on opposite or nearly opposite courses, is generally preferable to an alteration to port. Substantial alteration of speed.

(7) An alteration of speed, either alone or in conjunction with an alteration of course, should be substantial. A number of small alterations of speed should be avoided.

Close quarters; action to take all way off vessel.

(8) If a close quarters situation is imminent, the most prudent action may be to take all way off the vessel. (Pub. L. 88-131, § 4, Sept. 24, 1963, 77 Stat. 209.)

CODIFICATION

See Historical Note under section 1053 of this title.

Chapter 1.-ESTABLISHMENT, OFFICERS,

FUNCTIONS

§ 3. Officers and employees.

A Commissioner of Patents, one first assistant commissioner, two assistant commissioners, and not more than fifteen examiners-in-chief, shall be appointed by the President, by and with the advice and consent of the Senate. The assistant commissioners shall perform the duties pertaining to the office of commissioner assigned to them by the Commissioner. The first assistant commissioner, or, in the event of a vacancy in that office, the assistant commissioner senior in date of appointment, shall fill the office of Commissioner during a vacancy in that office until a Commissioner is appointed and takes office. The Secretary of Commerce, upon the nomination of the Commissioner in accordance with law, shall appoint all other officers and employees.

The annual rate of compensation of the Commissioner shall be $20,000.

The Secretary of Commerce may vest in himself the functions of the Patent Office and its officers and employees specified in this title and may from time to time authorize their performance by any other officer or employee. The Secretary of Commerce is authorized to fix the per annum rate of basic compensation of each examiner-in-chief in the Patent Office at not in excess of the maximum scheduled rate provided for positions in grade 17 of the General Schedule of the Classification Act of 1949, as amended. (As amended Sept. 23, 1959, Pub. L. 86-370, § 1(a), 73 Stat. 650.)

1959-Pub. L. 86-370 authorized Secretary of Commerce to fix compensation of examiners-in-chief.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment of section by Pub. L. 86-370 effective on the first day of the first pay period which begins after Sept. 23, 1959, see note set out under section 2205 of Title 5, Executive Departments and Government Officers and Employees.

EXISTING POSITIONS, COMPENSATION, AND APPOINTMENTS UNAFFECTED BY PUB. L. 86-370 UNTIL ACTION TAKEN UNDER AMENDMENTS

Section 1(c) of Pub. L. 86-370 provided that:

"The amendments made by this section [to this section and to section 7 of this title] shall not affect"(1) any position of examiner-in-chief or designated examiner-in-chief existing immediately prior to the effective date of this section [see note set out under this section], or

"(2) any incumbent of any such position, his appointment thereto, his rate of compensation, or his right to receive such compensation,

until appropriate action is taken under authority of such

amendments."

Page 1849

§ 7. Board of Appeals.

The examiners-in-chief shall be persons of competent legal knowledge and scientific ability. The Commissioner, the assistant commissioners, and the examiners-in-chief shall constitute a Board of Appeals, which, on written appeal of the applicant, shall review adverse decisions of examiners upon applications for patents. Each appeal shall be heard by at least three members of the Board of Appeals, the members hearing such appeal to be designated by the Commissioner. The Board of Appeals has sole power to grant rehearings.

Whenever the Commissioner considers it necessary to maintain the work of the Board of Appeals current, he may designate any patent examiner of the primary examiner grade or higher, having the requisite ability, to serve as examiner-in-chief for periods not exceeding six months each. An examiner so designated shall be qualified to act as a member of the Board of Appeals. Not more than one such primary examiner shall be a member of the Board of Appeals hearing an appeal. The Secretary of Commerce is authorized to fix the per annum rate of basic compensation of each designated examiner-in-chief in the Patent Office at not in excess of the maximum scheduled rate provided for positions in grade 16 of the General Schedule of the Classification Act of 1949, as amended. The per annum rate of basic compensation of each designated examiner-in-chief shall be adjusted, at the close of the period for which he was designated to act as examiner-in-chief, to the per annum rate of basic compensation which he would have been receiving at the close of such period if such designation had not been made. (As amended Sept. 23, 1959, Pub. L. 86-370, § 1(b), 73 Stat. 650.)

REFERENCES IN TEXT

The Classification Act of 1949, as amended, referred to in the text, is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1959-Pub. L. 86-370 authorized Secretary of Commerce to fix compensation of designated examiners-in-chief at rates not higher than the maximum rate for grade 16 of the General Schedule.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-370 effective on the first day of the first pay period which begins after Sept. 23, 1959, see note set out under section 2205 of Title 5, Executive Departments and Government Officers and Employees.

EXISTING POSITIONS

Existing positions, compensation and appointments unaffected by Pub. L. 86-370 amendment of this section until action is taken under such amendment, see note set out under section 3 of this title.

Chapter 11.-APPLICATION FOR PATENT

§ 119. Benefit of earlier filing date in foreign country; right of priority.

An application for patent for an invention filed in this country by any person who has, or whose

legal representatives or assigns have, previously regularly filed an application for a patent for the same invention in a foreign country which affords similar privileges in the case of applications filed in the United States or to citizens of the United States, shall have the same effect as the same application would have if filed in this country on the date on which the application for patent for the same invention was first filed in such foreign country, if the application in this country is filed within twelve months from the earliest date on which such foreign application was filed; but no patent shall be granted on any application for patent for an invention which had been patented or described in a printed publication in any country more than one year before the date of the actual filing of the application in this country, or which had been in public use or on sale in this country more than one year prior to such filing.

No application for patent shall be entitled to this right of priority unless a claim therefor and a certified copy of the original foreign application, specification and drawings upon which it is based are filed in the Patent Office before the patent is granted, or at such time during the pendency of the application as required by the Commissioner not earlier than six months after the filing of the application in this country. Such certification shall be made by the patent office of the foreign country in which filed and show the date of the application and of the filing of the specification and other papers. The Commissioner may require a translation of the papers filed if not in the English language and such other information as he deems necessary.

In like manner and subject to the same conditions and requirements, the right provided in this section may be based upon a subsequent regularly filled application in the same foreign country instead of the first filed foreign application, provided that any foreign application filed prior to such subsequent application has been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public inspection and without leaving any rights outstanding, and has not served, nor thereafter shall serve, as a basis for claiming a right of priority. (As amended Oct. 3, 1961, Pub. L. 87-333, § 1, 75 Stat. 748.)

AMENDMENTS

1961-Pub. L. 87-333 authorized the right provided by this section to be based upon a subsequent application in the same foreign country, instead of the first application, provided that any foreign application filed prior to such subsequent one was withdrawn, or otherwise disposed of, without having been open to public inspection and without leaving any rights outstanding, nor any basis for claiming priority.

EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-333 effective on the date when the Convention of Paris for the Protection of Industrial Property of March 20, 1883, as revised at Lisbon, Oct. 31, 1958, comes into force with respect to the United States and shall apply only to applications thereafter filed in the United States by persons entitled to the benefit of said convention, as revised at the time of such filing, see section 3 of Pub. L. 87-333, set out as a note under section 1126 of Title 15, Commerce and Trade.

Chapter 12.-EXAMINATION OF APPLICATION § 135. Interferences.

(a) Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be. The question of priority of invention shall be determined by a board of patent interferences (consisting of three examiners of interferences) whose decision, if adverse to the claim of an applicant, shall constitute the final refusal by the Patent Office of the claims involved, and the Commissioner may issue a patent to the applicant who is adjudged the prior inventor. A final judgment adverse to a patentee from which no appeal or other review has been or can be taken or had shall constitute cancellation of the claims involved from the patent, and notice thereof shall be endorsed on copies of the patent thereafter distributed by the Patent Office.

(b) A claim which is the same as, or for the same or substantially the same subject matter as, a claim of an issued patent may not be made in any application unless such a claim is made prior to one year from the date on which the patent was granted.

(c) Any agreement or understanding between parties to an interference, including any collateral agreements referrel to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing and a true copy thereof filed in the Patent Office before the termination of the interference as between the said parties to the agreement or understanding. If any party filing the same so requests, the copy shall be kept separate from the file of the interference, and made available only to Government agencies on written request, or to any person on a showing of good cause. Failure to file the copy of such agreement or understanding shall render permanently unenforcable such agreement or understanding and any patent of such parties involved in the interference or any patent subsequently issued on any application of such parties so involved. The Commissioner may, however, on a showing of good cause for failure to file within the time prescribed, permit the filing of the agreement or understanding during the sixmonth period subsequent to the termination of the interference as between the parties to the agreement or understanding.

The Commissioner shall give notice to the parties or their attorneys of record, a reasonable time prior to said termination, of the filing requirement of this section. If the Commissioner gives such notice at a later time, irrespective of the right to file such agreement or understanding within the six-month period on a showing of good cause, the parties may file such agreement or understanding within sixty days of the receipt of such notice.

Any discretionary action of the Commissioner under this subsection shall be reviewable under section 10 of the Administrative Procedure Act. (As amended Oct. 15, 1962, Pub. L. 87-831, 76 Stat. 958.)