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<PRE>[DOCID: f:h1866rfs.txt]
107th CONGRESS
  1st Session
                                H. R. 1866


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2001

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
    To amend title 35, United States Code, to clarify the basis for 
            granting requests for reexamination of patents.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DETERMINATION OF SUBSTANTIAL NEW QUESTION OF PATENTABILITY 
              IN REEXAMINATION PROCEEDINGS.

    Sections 303(a) and 312(a) of title 35, United States Code, are 
each amended by adding at the end the following: ``The existence of a 
substantial new question of patentability is not precluded by the fact 
that a patent or printed publication was previously cited by or to the 
Office or considered by the Office.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to any 
determination of the Director of the United States Patent and Trademark 
Office that is made under section 303(a) or 312(a) of title 35, United 
States Code, on or after the date of the enactment of this Act.

            Passed the House of Representatives September 5, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

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