REPORT OF THE PATENT COMMITTEE 15 



or restraining order shall be granted, or refused, or continued, or vacated, or 

 modified, or retained without modification after motion to modify the same, 

 an appeal may be taken- from such order or decree by the party aggrieved to 

 the United States Court of Patent Appeals: Provided, That the appeal must 

 be taken within thirty days from the service of notice of entry of such order or 

 decree; and it shall take precedence in the appellate court; and the proceed- 

 ings in other respects in the court below shall not be stayed unless otherwise 

 ordered by that court, or the United States Court of Patent Appeals, or a 

 judge thereof, during the pendency of such appeal. 



SEC. 8. That the chief justice and the associate judges of the United States 

 Court of Patent Appeals shall each exercise the same powers in term and va- 

 cation in the allowance of appeals, supersedeas orders, and other matters inci- 

 dental to the jurisdiction and business of the court as are now exercised by 

 the Chief Justice and associate justices of the Supreme Court of the United 

 States in relation to the business and jurisdiction of that court. 



SEC. 9. That the decisions of the United States Court of Patent Appeals 

 in all cases within its appellate jurisdiction shall be final, except that it shall 

 be competent for the Supreme Court of the United States to require, by cer- 

 tiorari or otherwise, any such case to be certified to it for its review and de- 

 termination with the same power and authority in the case as though it had 

 been carried by appeal or writ of error from the trial court directly to the 

 Supreme Court. 



SEC. 10. That whenever any case shall have been certified from the United 

 States Court of Patent Appeals to the Supreme Court of the United States, 

 by certiorari or otherwise, it shall be, upon its determination by the Supreme 

 Court, remanded to the district court of the United States or other court in 

 which it originated for further proceedings to be taken in pursuance of such de- 

 termination. And in every case determined by the United States Court of 

 Patent Appeals upon appeal or writ of error, the case shall be remanded to the 

 district court of the United States or other court from whence it came, for 

 further proceedings to be taken in pursuance of such determination. 



SEC. 11. That all appeals and writs of error in cases in which appellate 

 jurisdiction is by this Act conferred upon the United States Court of Patent 

 Appeals which shall have been pending without hearing in the United States 

 circuit courts of appeals or other court of appellate jurisdiction for less than 

 three calendar months prior to the taking effect of this Act shall be transferred 

 from such circuit courts of appeals or other courts to the United States Court 

 of Patent Appeals and be heard and determined in that court as though they 

 had been taken there from the trial courts by appeal or writ of error without 

 further payment for certifying the record or any new or additional docket or 

 calendar fee; all other appeals and writs of error in cases in which appellate 

 jurisdiction is by this Act conferred upon the United States Court of Patent 

 Appeals which shall be pending in the United States circuit courts of appeals 

 or other courts of appellate jurisdiction at the time of the taking effect of this 



