datamatters24/research-document-archive huggingface dataset:
HR 4307 EAS
procedures yielding a cell line that expresses a specific pro-
tein, including a monoclonal antibody, and genetic alter-
ation of a multicellular organism to induce said organism
to express an exogenous nucleotide sequence or to express
predefined physiological characteristics.
SEC. 102 PRESUMPTION OF VALIDITY; DEFENSES.
Section 282 of title 35, United States Code, is amended
by inserting after the second sentence of the first paragraph
the following: ‘‘Notwithstanding the preceding sentence, if
a claim to a composition of matter is held invalid and that
claim was the basis of a determination of nonobviousness
under section 103(b)(1), the process shall no longer be con-
sidered nonobvious solely on the basis of section 103(b)(1).’’.
SEC. 103. EFFECTIVE DATE.
The amendments made by section 101 shall apply to
any application for patent filed on or after the date of the
enactment of this Act and to any application for patent
pending on such date of enactment, including (in either
case) as application for the reissue of a patent.
SEC. 104. JURISDICTION OF UNITED STATES COURT OF
FEDERAL CLAIMS RELATING TO CERTAIN
SOFTWARE AND SERVICE CLAIMS.
(a) JURISDICTION.—Jurisdiction is conferred upon the
United States Court of Federal Claims to hear, determine,
and render conclusions that are sufficient to inform the
In the Senate of the United States,
October 6 (legislative day, September 12), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4307) entitled ‘‘An Act to amend title 35, United
States Code, with respect to applications for process patents,
and for certain other purposes’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I—PROCESS PATENT
APPLICATIONS
SEC. 101. EXAMINATION OF PROCESS PATENT APPLICA-
TIONS FOR OBVIOUSNESS.
Section 103 of title 35, United States Code, is amend-
ed—
(1) by designating the first paragraph as sub-
section (a);
(2) by designating the second paragraph as sub-
section (c); and
(3) by inserting after the first paragraph the fol-
lowing:
‘‘(b)(1) Notwithstanding subsection (a), and upon
timely election by the applicant for patent to proceed under
this subsection, a ‘‘biotechnological process’’ using or result-
ing in a composition of matter that is novel under section
HR 4307 EAS
102 and nonobvious under subsection (a) of this section
shall be considered nonobvious if—
‘‘(A) claims to the process and the composition
of matter are contained in either the same applica-
tion for patent or in separate applications having the
same effective filing date; and
‘‘(B) the composition of matter, and the process
at the time it was invented, were owned by the same
person or subject to an obligation of assignment to the
same person.
‘‘(2) A patent issued on a process under paragraph
(1)—
‘‘(A) shall also contain the claims to the com-
position of matter used in or made by that process,
or
‘‘(B) shall, if such composition of matter is
claimed in another patent, be set to expire on the
same date as such other patent, notwithstanding sec-
tion 154.’’.
For purposes of subsection (b), the term biotechnological
process’’ means a process of genetically altering or otherwise
inducing a cell or a living organism to express an exogenous
nucleotide sequence or to express specific physiological char-
acteristics. Such processes include genetic alteration of a
cell to express an exogenous nucleotide sequence, cell fusion
179 
‘‘(iii) not to conduct any activities on 
the agricultural operation that would tend 
to defeat the purposes of the program; 
‘‘(C) permit all economic uses of the eligible 
land that— 
‘‘(i) maintain the agricultural nature 
of the land; and 
‘‘(ii) are consistent with the conserva-
tion purposes of the conservation steward-
ship contract; 
‘‘(D) include a provision to ensure that a 
producer shall not be considered in violation of 
the contract for failure to comply with the con-
tract due to circumstances beyond the control of 
the producer, including a disaster or related con-
dition, as determined by the Secretary; 
‘‘(E) include provisions requiring that upon 
the violation of a term or condition of the con-
tract at any time the producer has control of the 
land— 
‘‘(i) if the Secretary determines that 
the violation warrants termination of the 
contract— 
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H6083
tkelley on DSK3SPTVN1PROD with BILLS
HR 4307 EAS
Congress of the amount, if any, legally or equitably due
upon the claims of Inslaw, Inc., a Delaware Corporation
(hereinafter referred to as ‘‘Inslaw’’) and William A. Ham-
ilton and Nancy Burke Hamilton, individually against the
United States which claims arise out of the furnishing of
computer software and services to the United States Depart-
ment of Justice. The hearings and proceedings conducted,
determinations and conclusions made, and report submitted
to the Congress under this subsection shall be conducted in
accordance with the provisions of section 2509 of title 28,
United States Code.
(b) WAIVER
OF SOVEREIGN IMMUNITY
AND DE-
FENSE.—For purposes of the report submitted under sub-
section (a), any available defense relating to statute of limi-
tations, any form of estoppel, laches, res judicata, failure
to exhaust all remedies, and any available defense of sov-
ereign immunity of the United States, the Department of
Justice, or any other United States Government agency is
specifically waived as to the respective claims of Inslaw,
William A. Hamilton, and Nancy Burke Hamilton.
Attest:
Secretary.
(A) in the first sentence by inserting ‘‘and
the party filing the action’’ after ‘‘United
States’’; and
(B) in the second sentence by inserting
‘‘and the party filing the action’’ after ‘‘clerk’’;
and
(2) in subsection (b) by inserting ‘‘and the
party filing the action’’ after ‘‘clerk of the court’’.
SEC. 209. STUDY ON MANDATORY DEPOSIT.
(a) SUBJECT MATTER OF STUDY.—Upon the enact-
ment of this Act, the Librarian of Congress shall conduct
a study of the mandatory deposit provisions of section 407
of title 17, United States Code. Such study shall place
particular emphasis on the implementation of section
407(e) of such title with respect to the deposit of trans-
mission programs, as well as possible alternative methods
of obtaining deposits if the mandatory deposit require-
ments of such section 407 are expanded to authorize the
collection, archival preservation, and use by the Library
of Congress of other publicly transmitted works, including
unpublished works such as computer programs and online
databases.
(b) CONDUCT OF STUDY.—The study under sub-
section (a) shall be conducted by the Register of Copy-
right, in consultation with any affected interests, and may
(3) Section 3(a)(1)(C) of the Audio Home Recording
Act of 1992 is amended by striking ‘‘adding the following
new paragraph at the end’’ and inserting ‘‘inserting after
paragraph (3) the following new paragraph’’.
SEC. 213. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section
204(b), and subject to subsection (b) of this section, this
Act and the amendments made by this Act take effect on
the date of the enactment of this Act.
(b) PENDING ACTIONS.—The amendments and re-
peals made by section 206 shall not affect any action
brought under title 17, United States Code, before the
date of the enactment of this Act.
Passed the House of Representatives September 20,
1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 4307
AN ACT
To amend title 35, United States Code, with re-
spect to applications for process patents, and for
certain other purposes.
I
103D CONGRESS
2D SESSION
H. R. 4307
To amend title 35, United States Code, with respect to applications for
process patents.
IN THE HOUSE OF REPRESENTATIVES
APRIL 28, 1994
Mr. HUGHES (for himself, Mr. MOORHEAD, Mr. FRANK of Massachusetts, Mr.
BOUCHER, Mr. SENSENBRENNER, Mr. FISH, and Mr. COBLE) introduced
the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 35, United States Code, with respect to
applications for process patents.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXAMINATION OF PROCESS PATENT APPLICA-
TIONS FOR OBVIOUSNESS.
Section 103 of title 35, United States Code, is
amended—
(1) by designating the first paragraph as sub-
section (a);
(2) by designating the second paragraph as
subsection (c); and
(3) by inserting after the first paragraph the
following:
‘‘(b)(1) Notwithstanding subsection (a), a process
using or resulting in a product that is novel under section
102 and nonobvious under subsection (a) of this section,
shall be considered nonobvious if—
‘‘(A) claims to the process and the product are
contained in either the same application for patent
or in separate applications having the same effective
filing date; and
‘‘(B) the product, and the process at the time
it was invented, were owned by the same person or
subject to an obligation of assignment to the same
person.
‘‘(2) A patent issued on a process under paragraph
(1)—
‘‘(A) shall also contain the claims to the prod-
uct used in or made by that process, or
‘‘(B) shall, if such product is claimed in another
patent, be set to expire on the same date as such
other patent.’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by section 1 shall apply to
any application for patent filed on or after the date of
the enactment of this Act and to any application for pat-
ent pending on such date of enactment, including (in ei-
ther case) an application for the reissuance of a patent.
Æ
les/Burbank/Glendale/San Fernando Valley Light
Rail/Intermodal Connection project.
(25) ORANGE
COUNTY
TRANSITWAY.—From
funds provided under sections 3(k)(1)(B) and
3(k)(1)(C) of the Federal Transit Act, the Secretary
shall make available $15,000,000 for the Orange
County Transitway connector in Costa Mesa and
Irvine and the Anaheim Intermodal Transportation
Center projects.
(26) GOLDEN EMPIRE TRANSIT LIGHT RAIL.—
From funds provided under section 3(k)(1)(B) of
the Federal Transit Act, the Secretary shall make
available $2,000,000 for the Golden Empire Transit
Light rail project.
(27) DALLAS AREA RAPID TRANSIT BUS PUR-
CHASE.—From 
funds 
provided 
under 
section
3(k)(1)(C) of the Federal Transit Act, the Secretary
shall make available $5,000,000 to the Dallas Area
Rapid Transit District for the purchase of buses.
(28) TRI-COUNTY
COMMUTER
RAIL.—From
funds provided under section 3(k)(1)(A) of the Fed-
eral Transit Act, and before the formula distribution
of funds under such section, the Secretary shall
make available $20,000,000 for capital improve-
ments to Tri-Rail Commuter Rail Service.
HR 4308 PCS
tributions for a project may be in the form of, but
are not required to be limited to, private cash dona-
tions, and the contribution of materials, equipment,
or services necessary for the project.’’;
(6) in section 7105(g) (16 U.S.C. 3744(g))—
(A) by amending paragraph (2) to read as
follows:
‘‘(2) The Secretary shall deposit into the Fund
amounts appropriated to the Secretary for deposit to the
Fund, of which not more than 4 percent shall be available
to the Secretary to defray the costs of administering this
chapter and evaluating wildlife conservation and apprecia-
tion projects.’’; and
(B) by striking paragraphs (3) and (4);
and
(7) in section 7105(h) (16 U.S.C. 3744(h))—
(A) by striking ‘‘1995’’ and inserting
‘‘1998’’; and
(B) by striking ‘‘to match the amount of
contributions made to the Fund by the National
Fish and Wildlife Foundation’’.
Passed the House of Representatives September 13,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
Union Calendar No. 394
103D CONGRESS
2D SESSION
H. R. 4308
[Report No. 103–717]
A BILL
To amend the North American Wetlands Conserva-
tion Act to authorize appropriations for alloca-
tions under that Act for wetlands conservation
projects.
SEPTEMBER 12, 1994
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
(3) Section 3(a)(1)(C) of the Audio Home Recording
Act of 1992 is amended by striking ‘‘adding the following
new paragraph at the end’’ and inserting ‘‘inserting after
paragraph (3) the following new paragraph’’.
SEC. 213. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section
204(b), and subject to subsection (b) of this section, this
Act and the amendments made by this Act take effect on
the date of the enactment of this Act.
(b) PENDING ACTIONS.—The amendments and re-
peals made by section 206 shall not affect any action
brought under title 17, United States Code, before the
date of the enactment of this Act.
Passed the House of Representatives September 20,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 4307 RDS——2
HR 1296 EAS
public access and vehicle parking for public use and enjoy-
ment of the river designated by this paragraph, consistent
with the preservation and enhancement of the natural and
scenic values of such river, the Secretary may, with the con-
sent of the owner thereof, negotiate a memorandum of un-
derstanding or cooperative agreement, or acquire lands or
interests in such lands, or both, as may be necessary to
allow public access to the Bluestone River and to provide,
outside the boundary of the scenic river, parking and relat-
ed facilities in the vicinity of the area known as Eads
Mill.’’.
SEC. 220. LIMITATION ON PARK BUILDINGS.
The 10th undesignated paragraph (relating to a limi-
tation on the expenditure of funds for park buildings) under
the heading ‘‘MISCELLANEOUS OBJECTS, DEPARTMENT OF
THE INTERIOR’’, which appears under the heading ‘‘UNDER
THE DEPARTMENT OF THE INTERIOR’’, as contained in the
first section of the Act of August 24, 1912 (37 Stat. 460),
as amended (16 U.S.C. 451), is hereby repealed.
SEC. 221. APPROPRIATIONS FOR TRANSPORTATION OF
CHILDREN.
The first section of the Act of August 7, 1946 (16
U.S.C. 17j–2), is amended by adding at the end the follow-
ing:
IB
Union Calendar No. 405
103D CONGRESS
2D SESSION
H. R. 4307
[Report No. 103–728]
To amend title 35, United States Code, with respect to applications for
process patents.
IN THE HOUSE OF REPRESENTATIVES
APRIL 28, 1994
Mr. HUGHES (for himself, Mr. MOORHEAD, Mr. FRANK of Massachusetts, Mr.
BOUCHER, Mr. SENSENBRENNER, Mr. FISH, and Mr. COBLE) introduced
the following bill; which was referred to the Committee on the Judiciary
SEPTEMBER 20, 1994
Additional sponsor: Mr. MCCOLLUM
SEPTEMBER 20, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 28, 1994]
A BILL
To amend title 35, United States Code, with respect to
applications for process patents.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXAMINATION OF PROCESS PATENT APPLICA-
TIONS FOR OBVIOUSNESS.
Section 103 of title 35, United States Code, is amend-
ed—
(1) by designating the first paragraph as sub-
section (a);
(2) by designating the second paragraph as sub-
section (c); and
(3) by inserting after the first paragraph the fol-
lowing:
‘‘(b)(1) Notwithstanding subsection (a), and upon
timely election by the applicant for patent to proceed under
this subsection, a process using or resulting in a composi-
tion of matter that is novel under section 102 and
nonobvious under subsection (a) of this section shall be con-
sidered nonobvious if—
‘‘(A) claims to the process and the composition
of matter are contained in either the same applica-
tion for patent or in separate applications having the
same effective filing date; and
‘‘(B) the composition of matter, and the process
at the time it was invented, were owned by the same
person or subject to an obligation of assignment to the
same person.
‘‘(2) A patent issued on a process under paragraph
(1)—
‘‘(A) shall also contain the claims to the com-
position of matter used in or made by that process,
or
‘‘(B) shall, if such composition of matter is
claimed in another patent, be set to expire on the
same date as such other patent, notwithstanding sec-
tion 154.’’.
SEC. 2. PRESUMPTION OF VALIDITY; DEFENSES.
Section 282 of title 35, United States Code, is amended
by inserting after the second sentence of the first paragraph
the following: ‘‘Notwithstanding the preceding sentence, if
a claim to a composition of matter is held invalid and that
claim was the basis of a determination of nonobviousness
under section 103(b)(1), the process shall no longer be con-
sidered nonobvious solely on the basis of section 103(b)(1).’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 1 shall apply to any
application for patent filed on or after the date of the enact-
ment of this Act and to any application for patent pending
on such date of enactment, including (in either case) an
application for the reissue of a patent.
SEC. 2. NATIONAL DIVIDEND PAYMENT TO REGISTERED
VOTERS.
(a) PAYMENTS
FOR
DISBURSEMENTS
TO
REG-
ISTERED VOTERS OF EACH STATE.—
(1) IN GENERAL.—The Secretary shall pay dur-
ing each calendar year after the Base Year to the
chief financial officer of each State an amount equal
to the National Dividend Payment for the imme-
diately preceding calendar year multiplied by the
number (provided to the Secretary by such officer)
of individuals who are qualified registered voters of
such State for such preceding year.
(2) SEMIANNUAL INSTALLMENTS.—One-half of
the amount payable under paragraph (1) to the chief
financial officer of any State during the 3 calendar
years immediately following the Base Year shall be
paid to such officer at the beginning of the second
and fourth calendar quarters of such year.
(3) QUARTERLY
INSTALLMENTS.—One-fourth
of the amount payable under paragraph (1) to the
chief financial officer of any State during any cal-
endar year subsequent to the third calendar year im-
mediately following the Base Year shall be paid to
such officer at the beginning of each calendar quar-
ter of such year.
I
103D CONGRESS
2D SESSION
H. R. 4308
To amend the North American Wetlands Conservation Act to authorize appro-
priations for allocations under that Act for wetlands conservation
projects.
IN THE HOUSE OF REPRESENTATIVES
APRIL 28, 1994
Mr. DINGELL (for himself, Mr. WELDON, Mr. STUDDS, and Mr. FIELDS of
Texas) introduced the following bill; which was referred to the Committee
on Merchant Marine and Fisheries
A BILL
To amend the North American Wetlands Conservation Act
to authorize appropriations for allocations under that
Act for wetlands conservation projects.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR AL-
LOCATIONS UNDER NORTH AMERICAN WET-
LANDS CONSERVATION ACT.
Section 7(c) of the North American Wetlands Con-
servation Act (16 U.S.C. 4406(c)) is amended by striking
‘‘$15,000,000’’ and all that follows through the end of the
sentence and inserting the following: ‘‘$15,000,000 for fis-
cal year 1994, $20,000,000 for each of fiscal years 1995
and 1996, $30,000,000 for each of fiscal years 1997 and
1998, and $40,000,000 for each of fiscal years 1999 and
2000.’’.
Æ
296
(i) control and administer amounts provided under this
chapter; and
(ii) own and administer materials, equipment, and property
that is repaired, remodeled, or constructed with those
amounts;
(C) amounts under this clause (7) will not be commingled with
State or local amounts; and
(D) a public agency will provide immigrant children and youth
in nonpublic elementary or secondary schools the services referred
to in subclause (A) of this clause through—
(i) employees under the control and supervision of the
agency; or
(ii) a contract with a person or agency that is under the
control and supervision of the public agency and, when pro-
viding the services, is independent of the school and of any
religious organization;
(8) to award amounts reserved under section 13506(a) of this title
on a competitive basis based on merit and need as provided in section
13506(a); and
(9) to ensure that State and local educational agencies receiving
amounts under this chapter will comply with the requirements of sec-
tion 1120(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6321(b)).
(b) APPROVAL.—The Secretary shall review all applications submitted
under subsection (a) of this section and shall approve any application that
meets the requirements of subsection (a). The Secretary shall disapprove
any application not meeting those requirements but may not disapprove fi-
nally an application without giving the applicant reasonable notice, technical
assistance, and an opportunity for a hearing.
(c) NOTIFICATION OF AMOUNT APPROVED.—Not later than June 1 of
each year, the Secretary shall notify each State educational agency that has
an application approved of the amount of the agency’s allocation under sec-
tion 13505(a) of this title for the next fiscal year.
§ 13505. State allocations
(a) ALLOCATIONS.—The Secretary of Education shall allocate the amount
appropriated to carry out this chapter for a fiscal year among the State
educational agencies. Except as provided in this section, of the amount ap-
propriated for each fiscal year for this chapter, each state participating in
the program assisted under this chapter shall receive an allocation equal to
the proportion of—