----

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,

Subject

vS.

matter: Improvements in

And now comes attorney, and gives notice to the Commissioner of Patents of his appeal to the U. S. Court of Customs and Patent Appeals from the decision of the board of appeals [or board of interference examiners), rendered on or about the

-, by

.., his

day of

19__,

---

awarding priority of invention to

in

the above-entitled case, and assigns as his reasons of appeal the following:

[Here set out in separate counts the specific errors in the decision complained of]

By

His Attorney.

4. FORM OF PETITION FOR AN APPEAL TO THE U. S. COURT OF CUSTOMS AND PATENT APPEALS IN AN INTERFERENCE CASE

IN THE U. S. COURT OF CUSTOMS AND PATENT APPEALS In re Interference No.

Appellant, US.

That the subject-matter of said interference as set forth in the official declaration was as follows: [Here state the issues of the interference]

-- day of

That thereafter, to wit, on the 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 the board of appeals, and the case having been argued and submitted to said board, a decision was rendered by said board on the day of 19--, affirming (or reversing) the decision of the Examiner of Interferences. [Omit this paragraph for interferences declared on or after October 5, 1939.]

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 the decision of the board of appeals [or board of interference examiners] awarding priority

------

of invention to said as aforesaid, and filed 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 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.

By

------ ----

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

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.

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.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 1855c.

§ 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,

Page 8857

47-5000-71-vol. 8-26

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 the Wounded in War); and

"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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1a, 2, 8 of this title. § la. Continuation of corporation; incorporators; powers and duties.

The corporation now existing as The American National Red Cross under sections 1, 2, 4a to 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 convened 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 designated 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 to 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. 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

In

1947-Act of May 8, 1947, increased 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.