REPORT OF THE PATENT COMMITTEE 13 



of Patent Appeals, and as vacancies occur shall in like manner appoint others 

 to fill such vacancies from time to time. The acceptance of that office by a 

 circuit or district judge of the United States shall vacate his office as circuit or 

 district judge. 



SEC. 3. That upon the taking effect of this Act the Chief Justice of the Su- 

 preme Court of the United States shall designate from among the circuit and 

 district judges of the United States six judges to sit as associate judges of the 

 United States Court of Patent Appeals, three of them to sit for three years from 

 the first day of the first term thereof, and three of them to sit for six years from 

 the first day thereof, as associate judges of the same court for six years from 

 the first day of the first term thereof. And after that, as the periods expire 

 for which such designations shall have been made, the Chief Justice of the 

 Supreme Court of the United States shall fill the vacancies thus occurring by 

 designation of the same or other judges from among the circuit and district 

 judges of the "United States, to sit for periods of six years each. In case of 

 the death, resignation, or disability of any associate judge of the said court or 

 of his resignation of his seat in said court the Chief Justice of the Supreme Court 

 shall designate another circuit or district judge of the United States to sit for 

 the unexpired period for which his predecessor has been designated. The 

 designation of a judge to sit as associate judge of the United States Court of 

 Patent Appeals must be with his consent, and his service in that court shall 

 not vacate his office as circuit or district judge, as the case may be. 



SEC. 4. That a term of the United States Court of Patent Appeals shall be 

 held annually at the city of Washington, beginning on the second Monday of 

 October in each year, and the same may be adjourned from time to time as 

 the court shall order. If at any time for the meeting of the court a quorum of 

 the judges shall not be present, the judges present may adjourn the court and, if 

 necessary, adjourn again from time to time until a quorum appear. If at 

 a sitting of the court the chief justice shall be absent, the associate judge 

 senior in commission as circuit judge, or senior in age in case of commissions 

 of even date, shall preside. If no circuit judge shall be present, the associate 

 judge senior in commission as a judge of a district court of the United States, 

 or senior in age in case of commissions of even date, shall preside. Until it 

 shall be otherwise provided by Congress the sessions of the court shall be held 

 in a building or rooms to be provided by the marshal of the District of Colum- 

 bia, under the direction and approval of the Attorney General of the United 

 States. The court shall by order authorize its marshal to employ such depu- 

 ties and assistants for himself and the clerk of the court and such criers, bailiffs, 

 and messengers as the business of the court shall require, and to pay the sal- 

 aries of such employees at rates of compensation not exceeding those paid for 

 similar services in the Supreme Court of the United States, and to pay all 

 other necessary incidental expenses of the court. The chief justice and each 

 of the associate judges shall be entitled to employ a clerk, whose salary, at a 

 rate not exceeding that allowed the clerks of the Chief Justice and associate 



