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  <FDSYS>
    <CFRTITLE>37</CFRTITLE>
    <CFRTITLETEXT>Patents, Trademarks, and Copyrights</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2003-07-01</DATE>
    <ORIGINALDATE>2003-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Definitions.</TITLE>
    <GRANULENUM>1.9</GRANULENUM>
    <HEADING>Section 1.9</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 37" SEQ="5">Patents, Trademarks, and Copyrights</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="4">UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE</PARENT>
      <PARENT HEADING="SUBCHAPTER A" SEQ="3">GENERAL</PARENT>
      <PARENT HEADING="PART 1" SEQ="2">RULES OF PRACTICE IN PATENT CASES</PARENT>
      <PARENT HEADING="Subpart A" SEQ="1">General Provisions</PARENT>
      <PARENT HEADING="" SEQ="0">General Information and Correspondence</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 1.9</SECTNO>
    <SUBJECT>Definitions.</SUBJECT>
    <EXT-XREF HREF="20030630" REFID="11">Link to an amendment published at 68 FR 38624, June 30, 2003.</EXT-XREF>
    <P>(a)(1) A national application as used in this chapter means a U.S. application for patent which was either filed in the Office under 35 U.S.C. 111, or which entered the national stage from an international application after compliance with 35 U.S.C. 371.</P>
    <P>(2) A provisional application as used in this chapter means a U.S. national application for patent filed in the Office under 35 U.S.C. 111(b).</P>
    <P>(3) A nonprovisional application as used in this chapter means a U.S. national application for patent which was either filed in the Office under 35 U.S.C. 111(a), or which entered the national stage from an international application after compliance with 35 U.S.C. 371.</P>
    <P>(b) An international application as used in this chapter means an international application for patent filed under the Patent Cooperation Treaty prior to entering national processing at the Designated Office stage.</P>
    <P>(c) A published application as used in this chapter means an application for patent which has been published under 35 U.S.C. 122(b).</P>
    <P>(d)-(f) [Reserved]</P>
    <P>(g) For definitions in interferences see § 1.601.</P>
    <P>(h) A <E T="03">Federal holiday within the District of Columbia</E> as used in this chapter means any day, except Saturdays and Sundays, when the Patent and Trademark Office is officially closed for business for the entire day.</P>
    <P>(i) National security classified as used in this chapter means specifically authorized under criteria established by an Act of Congress or Executive Order to be kept secret in the interest of national defense or foreign policy and, in fact, properly classified pursuant to such Act of Congress or Executive Order.</P>
    <P>(j) Director as used in this chapter, except for part 10 of this section, means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.</P>
    <SECAUTH>(Pub. L. 94-131, 89 Stat. 685; 35 U.S.C. 6, Pub. L. 97-247; 15 U.S.C. 1113, 1123)</SECAUTH>
    <CITA>[43 FR 20461, May 11, 1978, as amended at 47 FR 40139, Sept. 10, 1982; 47 FR 43275, Sept. 30, 1982; 49 FR 48451, Dec. 12, 1984; 60 FR 20220, Apr. 25, 1995; 61 FR 56447, Nov. 1, 1996; 62 FR 53181, Oct. 10, 1997; 65 FR 54657, Sept. 8, 2000; 65 FR 57051, Sept. 20, 2000; 68 FR 14336, Mar. 25, 2003]</CITA>
    <EFFDNOTP>
      <HD SOURCE="HED">Effective Date Note:</HD>
      <P>At 68 FR 38624, June 30, 2003, § 1.9 was amended by adding paragraph (k), effective July 30, 2003. For the convenience of the user, the added text is set forth as follows:</P>
      <REVTXT>
        <SECTION>
          <SECTNO>§ 1.9</SECTNO>
          <SUBJECT>Definitions.</SUBJECT>
          <STARS/>
          <P>(k) Paper as used in this chapter means a document that may exist in electronic form, or in physical form, and therefore does not necessarily imply physical sheets of paper.</P>
        </SECTION>
      </REVTXT>
    </EFFDNOTP>
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