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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.......

V

V

V

V

V

V

V

V

IX

ΧΙ

ΧΙ

ΧΙ

II

III

XII

VII

VII

VII

VII

XXII

VII

VII

VI

IX

225

Sessions.

Sundays and legal holidays excluded in computing limitations of time.

627634-45- -16

GENERAL RULES-Continued

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_

Writs, attestation of..

Rule

VIII

X

VIII

IX

III

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Assistant Attorney General, no notice of appearance necessary -
When appellant is protestant, no appearance necessary-

XXIV

XXIV

When United States is appellant, attorney for appellee shall file notice
of appearance and serve copy on Assistant Attorney General___

XXIV

Argument, oral, time allowed.

Assignment of cases for hearing-

Assignment of errors. -

Briefs:

Fifteen copies to be filed__

Three copies to be served on other side.

Size of..

XXIII

XVIII

XVI

par. 2, XIX

par. 2, XIX

par. 4, XIX

Time for filing - -

par. 2, XIX

Time may be extended by stipulation during summer recess..

par. 3, XIX

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

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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

XVIII

XVIII

XXI

XIV, XVII

XXII

XXII

XXIII

XXII

XV, XVI

XIV

XXII

XXIII

Rehearing, petition for, shall act as stay of final mandate_

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

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

par. 1, XIX

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:

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

May be advanced by leave of court__.

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

Briefs:

Fifteen copies to be filed..

Rule

par. 3, xxvI

par. 6, XXVII

par. 6, XXVII

par. 6, XXVII

par. 1, xxvII

par. 2, XXVII

par. 8, XXVII
par. 8, XXVII

XXVIII

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

Three copies to be served on other side..
Appellant's brief in default when case is called for hearing,
appeal may be dismissed..

Appellee's brief in default, he will not be heard except upon
leave

Contents

Filing of may be expedited__

par. 4, xxvII

par. 5, XXVII
par. 3, 4, xXVII

May not be filed after expiration of time allowed except by

leave upon good cause shown.

Shall be indexed if more than 15 pages.

Size same as transcript of record__.

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.

Shall have suitable cover_

Call of Patent docket__.

par. 8, XXVII

par. 4, XXVII

par. 3 (e), xXVII

par. 2, XXVI

par. 3, XXVII

par. 4, XXVII

par. 4, XXVII

par. 3, 4, xxVII
par. 2, XXVI

Claims rejected and allowed to be included in transcript of record.
Counts of interference to be included in transcript of record____
Deposit for printing record... ....

Dismissal:

XXVIII

par. 3, xxXVI

par. 3, xxvI

par. 1, xxvI

If appellant's brief is in default.

par. 4, XXVII

If case called at two successive terms and neither party pre-

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Interference counts to be included in transcript of record.

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RULES APPLICABLE TO CUSTOMS APPEALS-Continued

Record. See Transcript.

Rejected claims to be included in transcript of record.

Rule

par. 3, XXVI

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

Interference counts to be included__-

par. 3, xxv

par. 1, xxvI

par. 1, xxvi

par. 3, xxvI

Printing and distribution will be under supervision of clerk....... par. 1, XXVI

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INDEX-DIGEST, VOLUME 32

Administrative practice.

The doctrine of legislative approval of judicial interpretation and the
kindred doctrine of legislative approval of long-continued administrative
practice (the former being a very potent rule of interpretation, the latter
more carefully and less often applied) may be resorted to by the courts
regardless of whether or not raised by the parties in the trial of the case.
P. Silverman & Son v. United States.

Even if long-continued administrative practice had been established,
that fact alone would not be controlling in this case. Ib.

Page

99

While long-continued administrative practice has been held by this
and other courts to be entitled to great weight, it is well-settled law that
such rule of construction may not be invoked where the statute itself is
clear and unambiguous. Armand Schwab & Co., Inc. v. United States__ 129
Administrative practice not considered in determining legislative
intent in construction of statute, where such practice arises after passage
of statute. Ti Hang Lung & Co. v. United States.

Appeal and error.

Where the Government does not appeal from that portion of a judg-
ment of the Customs Court which sustained certain protests, that portion
of the judgment not appealed from is not before this court for review.
Oakland Food Products Co. et al. v. United States (1930).

In holding that the collector committed error in computing total
dutiable value by use of a unit value greater than that found by the
appraiser, the trial court took jurisdiction to pass upon an assumed error
of the collector which had not been alleged in the protest nor defended by
the Government. Such a judgment is a nullity. United States v.
E. H. Bailey & Co..

Appraiser's answer.

Oakland Food

The appraiser's answer to a protest is not competent evidence when
not filed within the time required by the regulations.
Products Co. et al. v. United States (1930) -

Appraiser's report.

In a classification case the appraiser's report is advisory only, and
does not bind the collector who is the classifying officer. Oakland Food
Products Co. et al. v. United States (1930) -

Beverages.

Creme de Cafe, which, according to the instant record, is used the
same as coffee, is a beverage within the purview of paragraph 808; but
all the other articles, which, according to the instant record, are used
principally as ingredients for making beverages and not as beverages,
in their imported condition, are properly dutiable as classified and as-
sessed under paragraph 1558 as nonenumerated manufactured articles.
Tonkin Distributing Co. et al. v. United States (1930).

Bleached. (See Hats.)

Bottles.

Glass bottles produced by a process which consists of feeding the
molten glass by hand into a mold which closes automatically, holding the
glass while a motor-driven mechanical device shoots air into the mold,
blows the bottles, opens the mold and throws the bottles out, are bottles,
wholly or in chief value of glass, produced by automatic machine,
under paragraph 218 (e). United States v. Jos. Riedel Glass Works, Inc.
(1930)__

148

28

89

228

228

124

201

229

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