§ 1.655 Government license in invention of employee.

If an invention is made by an employee as to which he is entitled to full ownership under paragraph 1(b) of Executive Order 10096 (15 F.R. 389, 3 CFR, 1949– 1953 Comp., p. 292) subject to a nonexclusive, irrevocable, royalty-free license in the Government with power to grant sublicenses for all Governmental purposes, it shall be the duty of the employee to make application for a U.S. patent, to execute all necessary documents, and to diligently prosecute such application at his own expense in instances in which either the Veterans Administration determines (insofar as its interest is concerned), or the Commissioner of Patents or other agency advises (insofar as other Government interest is concerned), that such action is necessary to protect the interest of the Government. Provided, however, That if the employee states that he is unwilling or unable to do so, the filing of the patent application, the prosecution thereof and the payment of necessary fees and other expenses by the Veterans Administration may be authorized subject to reimbursement by the employee as determined by the General Counsel based on the respective interests of the employee and the Government, or by an interested Government agency pursuant to agreement with the Veterans Administration.

131 F.R. 5291, Apr. 2, 1966]

§ 1.656 Information to be submitted by

inventor.

In the case of an invention or believed invention, the inventor will prepare a statement for submission to his immediate superior. It will be submitted regardless of where the ownership is believed to exist. The statement will consist of two parts:

(a) One part of the statement will be a disclosure of the invention sufficient to permit the preparation of a patent application. It will include ordinarily drawings or blueprints which contain reference numerals, such numerals being crossed to an accompanying explanatory list or description of the parts or components of the invention as shown on the drawings or blueprints, accompanied further by a description of the construction and operation of the invention. Photographs of the invention may be included. The inventor should state pertinent prior art known to him, and set forth in detail as clearly as possible the

respects in which his invention differs.

(b) The other part of the statement will set forth the circumstances attending the making of the invention. It will include the full name and address of the inventor; the grade and title of his position; whether full time or part time; his duties at the time the invention was made; the facts pertinent to a determination whether the invention bore a direct relation to or was made in consequence of such official duties; whether there was, and if so, the terms of any special agreement or understanding with respect to use or manufacture of his invention; date of the invention; when and where it was conceived, constructed and tested; whether it was made entirely during working hours; whether there was a contribution by the Government of any of the following: Facilities; equipment; materials or supplies; funds; information; time or services of other Government employees on duty. If the invention has previously been disclosed, as for example by an article submitted for publication, or in consultation with a manufacturer or attorney, details will be given. In the case of an article, a copy will be attached if possible, or the citation given. [21 F.R. 10377, Dec. 28, 1956, as amended at 31 F.R. 5291, Apr. 2, 1966]

§ 1.657 Transmittal of inventor's state

ment.

The inventor's immediate superior shall promptly review the statement of the employee for completeness and accuracy, and he shall certify that the employee's statement of circumstances attending the invention is or is not correct, giving reasons if pertinent. The file should then be submitted through the station head (or department heads or top staff officials in the case of Central Office employees) to the General Counsel together with comments and recommendations, including whether the invention is used or is likely to be used in the public interest, and any such additional information as may be deemed helpful or necessary. The General Counsel will assemble the evidence bearing upon this question.

[31 F.R. 5291, Apr. 2, 1966]

employee, or that the employee is entitled to commercial rights and the Government to a license, depending on the facts. The employee has a right of appeal to the Commissioner within 30 days from the determination of the General Counsel. The decision reached by the General Counsel or by the Commissioner, as the case may be, will be communicated to the employee. [31 F.R. 5291, Apr. 2, 1966]

§ 1.659 Relationship to incentive awards

program.

Procedures set out in the regulations concerning inventions by employees of the Veterans Administration are not affected by the submission or proposed submission of an employee suggestion or idea on an item which may be patentable. Consideration of an item for patentability and also for an incentive award may proceed simultaneously, usually on separate correspondence. An employee suggestion or copies and extracts of the file may be forwarded to the General Counsel by the reviewing or awarding authority, or by the station head, for patent consideration.

[31 F.R. 5291, Apr. 2, 1966]

§ 1.660 Patents of peculiar importance to the public service.

The rules of practice of the U.S. Patent Office provide for expediting consideration of applications for patents that are of peculiar importance to the public service, upon the request of department heads. Where the circumstances apparently justify such a request, the station head, department head or top staff official will so state.

[31 F.R. 5292, Apr. 2, 1966]

§ 1.661

Expeditious handling.

Submissions involving inventions should be made as promptly as possible in order to avoid delay which might jeopardize title to the invention or impair the rights of the inventor or the Government. No patent may be granted where the invention has been in public use or publicly disclosed for more than one year before filing of a patent application.

[21 F.R. 10378, Dec. 28, 1956]

§ 1.662 Information to be kept confidential.

All information pertaining to inventions and pending patent applications is confidential, and employees having ac

cess to such information are forbidden to disclose or reveal the same except as required in the performance of their official duties.

[21 F.R. 10378, Dec. 28, 1956]

§ 1.663

Provisions of regulation made a condition of employment.

The provisions of the regulations concerning inventions by employees of the Veterans Administration shall be a condition of employment of all employees. [21 F.R. 10378, Dec. 28, 1956]

APPEALS FROM DECISIONS OF CONTRACTING OFFICERS

AUTHORITY: §§ 1.770 to 1.775 issued under secs. 1, 2, 68 Stat. 81, 72 Stat. 1114; 41 U.S.C. 321, 322, 38 U.S.C. 210.

§ 1.770 Contract Appeals Board.

(a) Establishment. The Contract Appeals Board has been established in the Office of the Administrator to act as his duly authorized representative to hear and decide appeals of contractors under disputes provisions in contracts of the Veterans Administration.

(b) Location. The offices of the Board are located in the Veterans Administration Central Office, Washington, D.C., 20420.

(c) Short title. The short title of the Board is VACAB.

(d) Procedures. The Board will consider appeals under any of the following procedures, at the election of the appellant:

(1) On the written record made by the parties under §§ 1.770 through 1.775; or (2) On hearing before the Board; or (3) If involving $5,000 or less, under the Optional Accelerated Procedure (§ 1.773 (gg); Rule 33).

[25 F.R. 4804, June 1, 1960, as amended at 25 F.R. 14025, Dec. 31, 1960; 30 F.R. 14595, Nov. 24, 1965]

§ 1.771 Delegation of authority.

(a) The Board is delegated authority by the Administrator to ascertain the facts and circumstances and to render and publish final decisions on appeals entered by contractors from decisions of Veterans Administration contracting officers in accordance with contract terms and §§ 1.770 through 1.775.

(b) The Board and its individual members are delegated authority by the Administrator to take such actions as may be necessary to hear and decide appeals including the administering of oaths and affirmations, the taking of

testimony and affidavits, the conduct of hearings, the dismissal of proceedings and ordering the production of documents and other evidence.

(c) The Board is authorized to take official notice of facts within general knowledge and to decide all questions necessary for complete adjudication.

(d) The Board is authorized to require Veterans Administration contracting officers and other Veterans Administration officials having responsibility for or official knowledge of the design of projects, or the award, administration or supervision of contracts, or of work performed thereunder, to furnish the Board such information, technical data, and similar assistance as the Board may require in the performance of its duties. In such event a copy of the request and of the reply will be furnished to the appellant.

(e) Sections 1.770 through 1.775 are subject to the provisions of Public Law 356, 83d Congress (41 U.S.C. 321 and 322).

[25 F.R. 4804, June 1, 1960, as amended at 30 F.R. 14595, Nov. 24, 1965]

§ 1.772 Composition of the Board.

(a) Membership. The Board is composed of a chairman and members qualifiled in the law or in engineering designated by the Administrator. Law members must be members of the bar of a State, commonwealth, or territory of the United States or of the District of Columbia, and engineer members must be professional engineers having had extensive and responsible experience in construction and contract administration. Engineer members shall not constitute more than one-third of the membership of the Board.

(b) Panels. Except as provided in § 1.773 (gg) (Rule 33), or as ordered by the Chairman, each appeal shall be assigned to a panel of three Board members selected by the Chairman, not more than one of whom shall be an engineer member. A law member shall be designated by the Chairman to preside. Each panel so designated has authority to exercise the full jurisdiction of the Board on the appeal. A decision by a majority of the members of the panel shall constitute the final decision of the Board.

(c) Disqualification. No member of the Board may consider an appeal if he has participated in the formulation or administration of the contract, or has

any interest, directly or indirectly, in the dispute.

(d) Alternates. An alternate may be appointed by the chairman for any panel member who dies, or is absent, or disqualified.

[25 F.R. 4804, June 1, 1960, as amended at 30 F.R. 14595, Nov. 24, 1965]

§ 1.773 Rules of the Board.

(a) Rule 1; filing of appeals-(1) Notice. A contractor electing to appeal from a written decision of a contracting officer rendered under a Veterans Administration contract which contains a clause providing for appeal shall file a written notice as provided in the contract and within the time specified therein.

(2) Form. No particular form is prescribed for the notice of appeal but it should contain sufficient information to identify the dispute and the decision from which the appeal is taken,

including:

(i) Date and number of the contract and location of project; and

(ii) Date and nature of the decision of the contracting officer.

A

(b) Rule 2; docketing of appeals. notice of appeal when received by the Board will be docketed and assigned a case number, and the parties will be notified. Notification to appellant will include a copy of the appeal regulations.

(c) Rule 3; duties of contracting officer. (1) Upon receipt of a notice of appeal, a contracting officer shall attach thereto any evidence of the date of mailing or, in the absence of any such evidence, shall endorse thereon the date of receipt and promptly forward the notice to the Board together with copies of the following in duplicate:

(i) The decision from which the appeal is taken;

(ii) The contract and all plans, specifications, amendments, and change orders which are pertinent to the appeal.

(2) The Board will, upon docketing, notify Government counsel and transmit copies of the foregoing documents to Government counsel.

(3) The contracting officer shall within 30 days of the docketing of the appeal, or within such time thereafter as the Board may approve, furnish the Board and Government counsel his written Statement of the Facts, which shall set out fully the facts and circumstances attending the appeal and which shall include as exhibits thereto full

supporting documentation. An original and two signed copies of the Statement of the Facts shall be furnished to the Board. A copy of the Statement of the Facts will be served upon appellant by the Board.

(d) Rule 4; duties of Government counsel. (1) Government counsel shall file a notice of appearance with the Board, notify the appellant that he represents the interests of the Government, and take all actions required of him by §§ 1.770 through 1.775.

(2) Government counsel will represent the Government in the same manner as a private advocate represents a client.

(e) Rule 5; appellant's representation. An appellant may be represented by an attorney at law or by any other duly authorized person. When an attorney or other representative is to appear at a hearing or otherwise act, a prior written designation by the appellant is required.

(f) Rule 6; filing and service of papers. The parties shall furnish the Board an original and two signed copies of all pleadings. The Board shall serve a copy of such pleadings on the opposing party or his representative of record. Service of papers shall be made in person or by certified mail to the last known address with return receipt required.

(g) Rule 7; petition. (1) A petition in support of the appeal must be filed by the appellant with the Board within 30 days of the receipt by the appellant of the contracting officer's Statement of the Facts (paragraph (c)(3) of this section; rule 3). The petition shall set forth:

(i) A summary of the decision of the contracting officer on the dispute from which the appeal is taken including the date of receipt of such decision;

(ii) A simple, concise, and direct statement of each claim and the facts upon which the appellant relies, setting forth wherein the decision is deemed erroneous;

(iii) The amount claimed or other relief sought;

(iv) Whether appellant elects a hearing or to rest on the record.

(g) Rule 7; petition. (1) A petition in support of the appeal must be filled by the appellant with the Board within 30 days of the receipt by the appellant of the contracting officer's findings of fact (paragraph (c) (2) of this section; Rule 3). The petition shall set forth:

(1) A summary of the decision of the contracting officer on the dispute from which the appeal is taken including the date of receipt of such decision;

(ii) A simple, concise, and direct statement of each claim and the facts upon which the appellant relies, setting forth wherein the decision is deemed erroneous;

(iii) The amount claimed or other relief sought;

(iv) Whether appellant elects a hearing or to rest on the record.

(2) Documentary evidence in support of claims may be filed as exhibits to the petition, but in such event only two copies of each exhibit will be attached to the petition. Such exhibits shall be plainly listed and identified in the petition.

(3) The petition shall be limited to those claims which have been the subject of the decision by the contracting officer.

(h) Rule 8; answer. (1) Within 30 days after service of the appellant's petition, counsel for the Government shall prepare and file with the Board an answer thereto.

(2) The answer shall set forth simple, concise and direct statements of the Government's defenses to each claim asserted by the appellant. Each defense shall be stated with as much particularity as is practical.

(3) Defenses which go to the jurisdiction of the Board may be included in the answer, or may be raised by motion.

(4) The answer shall also state whether the Government elects a hearing or to rest on the record.

(5) Documentary evidence in support of the Government's defenses may be filed as exhibits to the answer, but in such event only two copies of each exhibit need be attached to the answer.

(6) Counsel for the Government shall at the same time file with the Board two copies of any other correspondence and data deemed pertinent to the appeal, which shall be made a part of the appeal file (paragraph (w) of this section; Rule 23). One copy of all such data shall be furnished to the appellant by the Board. (i) Rule 9; amendments to pleadings. At any time before oral hearing or before submission of a case by the parties without an oral hearing, the Board may permit a party, within the scope of the appeal, to amend its pleadings upon conditions just to both parties. The Board, in its discretion or upon application, may

order that a petition or answer be made more definite.

(j) Rule 10; extension of time. The Board may, on application or on its own motion, grant an extension of time for the filing of any document other than the notice of appeal.

(1) Defenses

(k) Rule 11; motions. which go to the jurisdiction of the Board may be raised by motion of either party.

(2) Motions to dismiss for lack of jurisdiction shall be presented to the Board for consideration before proceeding with the case on the merits.

(3) The Board may permit or require such testimony and oral arguments on motions as it determines necessary.

(1) Rule 12; dismissal by the Board. (1) Whenever it is necessary or appropriate that the proceedings in an appeal be suspended for what is indicated will be an unreasonable length of time, the Board may in its discretion and after due notice to the parties remove the appeal from the active docket, without prejudice and subject to reinstatement without loss of docket position.

(2) The Board may also at any time recognize its lack of authority to proceed and may dismiss an appeal on such grounds after affording the parties an opportunity to be heard thereon.

(m) Rule 13; failure to state a case. In the event, after completion of the pleadings, the Board finds that appellant has failed to state a case on which any relief could be granted by the Board, the Board may give notice to appellant to show cause why the appeal should not be dismissed on the ground that no useful purpose would be served by setting the case for oral hearing on the merits. Appellant, in such event, will be afforded the opportunity to be heard orally for the purpose of showing cause why the appeal should not be dismissed on that ground, and if appellant so desires to move to amend the petition, within the proper scope of the appeal. If the Board thereafter finds appellant has failed to show cause, and finds that the petition, with such amendments as may be offered by appellant, fails to state a case on which the Board could grant relief, the appeal shall be dismissed.

(n) Rule 14; failure to prosecute. Should an appellant after filing notice of appeal fail to file a petition within the time prescribed or allowed, the appeal will be dismissed. If the appellant after timely filing of the petition, fails to advise whether he elects to be heard

or to rest his case upon the record, the Board will set the case down for hearing.

(0) Rule 15; withdrawal of appeal. An appeal or any part thereof may be withdrawn at any time by the appellant by filing a written notice.

(p) Rule 16; settlement by the parties. The parties may by written stipulation filed in the proceedings withdraw all or any part of the dispute that has been amicably settled. In event of partial settlements, an amended petition shall be filed and the remaining issues in dispute shall thereafter be adjudicated as provided in §§ 1.770 through 1.775. On application, the Board may suspend the proceedings to allow time for settlement negotiations.

(q) Rule 17; depositions. (1) Depositions upon oral examination or upon written interrogatories may be taken by either party and offered as evidence.

(2) Depositions may be taken before any person authorized to administer oaths by laws of the United States or by the laws of the place where they are taken.

(3) Either party may take a deposition by giving 15 days' notice in writing to the opposing party of the time and place where such deposition will be taken. By agreement, depositions may be taken without regard to the notice requirement. The notice shall contain: The name, address and official title of the person before whom the deposition is to be taken; the name and address of the witness; and whether the deposition will be taken on oral examination or on written interrogatories. If the deposition is to be taken on written interrogatories, two copies thereof should accompany the notice. The opposing party may within 15 days after receipt of the interrogatories serve cross-interrogatories to be propounded to the witness by forwarding them to the person designated to take the deposition and simultaneously forwarding a copy to the opposing party.

(4) Each deposition should show the docket number and the caption of the proceeding, the place and date of taking, the name of the witness and the party by whom called. The person recording the deposition shall certify thereon that it is a true and complete record of the testimony given by the witness.

(5) A deposition taken under the provisions of this rule may be offered in evidence in whole or in part by either party. Depositions will not be con-