ernment for foreign patents may be made if determined to be in the public interest. The payment of necessary expenses in connection with any application filed or patent obtained under this section by the Veterans Administration is authorized.

[31 FR 5291, Apr. 2, 1966]

§ 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 FR 389, 3 CFR, 1949–1953 Comp., p. 292) subject to a nonexclusive, irrevocable, royaltyfree 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.

[31 FR 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 FR 10377, Dec. 28, 1956, as amended at 31 FR 5291, Apr. 2, 1966]

§ 1.657 Transmittal of inventor's statement.

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 FR 5291, Apr. 2, 1966]

§ 1.658 Determination of rights.

The General Counsel will make a determination of rights, subject to review where required by the Commissioner. The determination may be that title is in the Government, that title is in the 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 FR 5291, Apr. 2, 1966]

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

[21 FR 10378, Dec. 28, 1956]

§ 1.663 Provisions of regulations 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 FR 10378, Dec. 28, 1956]

§ 1.666 Licensing of Government-owned inventions.

The licensing of Government-owned inventions under Veterans Administration control and custody will be conducted pursuant to the regulations on the licensing of Government-owned inventions promulgated by the General Services Administration in 41 CFR Subpart 101-4.1. By mutual agree

ment, the Department of Health, Education, and Welfare will administer the licensing of such inventions.

[38 FR 34734, Dec. 18, 1973]

APPEALS FROM DECISIONS OF CONTRACTING OFFICERS

AUTHORITY: Sections 1.770 to 1.776 issued under secs. 1, 2, 68 Stat. 81, 72 Stat. 1114; 41 U.S.C. 321, 322, 38 U.S.C. 210.

SOURCE: Sections 1.770 to 1.776 issued at 41 FR 24705, June 18, 1976, unless otherwise noted.

§ 1.770 Contract Appeals Board-establishment and jurisdiction.

(a) The Veterans Administration's Contract Appeals Board, referred to in §§ 1.770 through 1.776 as the Board, is established in the Office of the Administrator to consider and determine appeals from decisions of contracting officers arising under contracts which contain provisions requiring the determination of appeals by the head of an agency or his duly authorized representative or board. In addition, the Board has jurisdiction over other matters assigned to it by the Administrator of Veterans Affairs. The Board has authority to determine appeals falling within the scope of its jurisdiction as fully and finally as might the Administrator.

(b) The Board is located in Washington, D.C., and its mailing address is: Veterans Administration Central Office, 810 Vermont Avenue NW., Washington, D.C. 20420.

§ 1.771 Delegation of authority.

(a) The Board is delegated authority by the Administrator to hear and decide appeals in accordance with contract terms and the regulations in §§ 1.770 through 1.776 and to publish final decisions thereon. The Board and its individual members are delegated authority to conduct hearings, administer oaths and affirmations, take testimony and affidavits, order production of documents and other evidence and dismiss proceedings when warranted. The Board also has authority to perform such other functions as may be assigned by the Administrator.

(b) The Board is authorized to require Veterans Administration con

tracting officers and other Veterans Administration officials to furnish the Board with șuch information, technical data and other assistance as the Board may require in the performance of its duties.

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

(d) When an appeal is taken pursuant to a disputes clause in a contract which limits appeals to disputes concerning questions of fact, the Board may, in its discretion, hear, consider, and decide all questions of law necessary for the complete adjudication of the issues. In the consideration of an appeal, should it appear that a claim is involved which is not cognizable under the terms of the contract, the Board may make findings of fact with respect to such a claim without expressing an opinion on the questions of liability.

(e) There is no further administrative appeal within the Veterans Administration from decisions rendered by the Board.

$ 1.772 Composition of the Board.

The Board consists of a Chairman and members, all of whom shall be attorneys at law duly licensed by any State, Commonwealth, Territory, or the District of Columbia, in addition to clerical personnel. In general, the appeals are assigned to a panel of at least three members of the Board. The decision of a majority of the panel constitutes the decision of the Board. Board members are designated as Administrative Judges and the Chairman is designated as Chief Administrative Judge.

§ 1.773 Policy and procedure.

(a) Rules. Appeals referred to the Board are handled in accordance with the rules of the Board.

(b) Administration and interpretation of rules. Emphasis is placed upon the sound administration of the rules in § 1.774 in specific cases, because it is impracticable to articulate a rule to fit every possible circumstance which may be encountered. The rules in § 1.774 will be interpreted so as to

secure a just and inexpensive determination of appeals without unnecessary delay.

(c) Preliminary procedures. Preliminary procedures are available to encourage full disclosure of relevant and material facts, and to discourage unwarranted surprise.

(d) Time, computation, and extensions. (1) All time limitations specified for various procedural actions are computed as maximums, and are not to be fully exhausted if the action described can be accomplished in a lesser period. These time limitations are similarly eligible for extension in appropriate circumstances, on good cause shown.

(2) Except as otherwise provided by law, in computing any period of time prescribed by the rules in § 1.774 or by any order of the Board, the day of the event from which the designated period of time begins to run shall not be included, but the last day of the period shall be included unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall run to the end of the next business day.

(3) Requests for extensions of time from either party shall be made in writing and stating good cause therefor.

81.774 Rules of the Board.

(a) Rule 1; appeals, how taken. Notice of an appeal must be in writing and the original, together with two copies, may be filed with the contracting officer from whose decision the appeal is taken. The notice of appeal must be mailed or otherwise filed within the time specified therefor in the contract or allowed by applicable provision of directive or law.

(b) Rule 2; notice of appeal, contents of. A notice of appeal should indicate that an appeal is thereby intended, and should identify the contract by number, and the decision from which the appeal is taken. The notice of appeal should be signed personally by the appellant (the contractor making the appeal), or by an officer of the appellant corporation or member of the appellant firm, or by the contractor's duly authorized representative or attorney. The complaint referred to in paragraph (f) of this section (Rule 6)

may be filed with the notice of appeal, or the appellant may designate the notice of appeal as a complaint, if it otherwise fulfills the requirements of a complaint.

(c) Rule 3; forwarding of appeals. When a notice of appeal in any form has been received by the contracting officer, he or she shall endorse thereon the date of mailing (or date of receipt, if otherwise conveyed) and within 10 days shall forward said notice of appeal to the Board. Following receipt by the Board of the original notice of an appeal (whether through the contracting officer or otherwise), the contractor and contracting officer will be promptly advised of its receipt and the contractor will be furnished a copy of §§ 1.770 through 1.776.

(d) Rule 4; preparation, contents, organization, forwarding, and status of appeal file-(1) Duties of contracting officer. Within 30 days of receipt of an appeal, or advice that an appeal has been filed, the contracting officer shall assemble and transmit to the Board, through the Office of General Counsel an appeal file consisting of all documents pertinent to the appeal, including:

(i) The decision and findings of fact from which appeal is taken;

(ii) The contract including specifications and pertinent amendments, plans and drawings;

(iii) All correspondence between the parties pertinent to the appeal, including the letter or letters of claim in response to which decision was issued;

(iv) Transcripts of any testimony taken during the course of proceedings, and affidavits or statements of any witnesses on the matter in dispute made prior to the filing of the notice of appeal with the Board; and

(v) Any additional information considered pertinent.

Within the same time specified in this subparagraph, the Office of General Counsel shall furnish the appellant a copy of each document transmitted to the Board, except those stated in paragraph (d)(1)(ii) of this section, as to which a list furnished appellant indicating specific contractual documents transmitted will suffice, and those

stated in paragraph (d)(4) of this section.

(2) Duties of the appellant. Within 30 days after receipt of a copy of the appeal file assembled by the contracting officer, the appellant shall supplement the same by transmitting to the Board any documents not contained therein which he or she considers pertinent to the appeal, and furnishing two copies of such documents to the Government trial attorney.

(3) Organization of appeal file. Documents in the appeal file may be originals or legible facsimile or authenticated copies thereof, and shall be arranged in chronological order where practicable, numbered sequentially, tabbed, and indexed to identify the contents of the file.

(4) Lengthy documents. The Board may waive the requirement of furnishing to the other party copies of bulky, lengthy, or out-of-size documents in the appeal file when a party has shown that doing so would impose an undue burden. At the time a party files with the Board a document as to which such a waiver has been granted, he or she shall notify the other party that the same or a copy is available for inspection at the offices of the Board or of the party filing same.

(5) Status of documents in appeal file. Documents contained in the appeal file are considered, without further action by the parties, as part of the record upon the Board will render its decision, unless a party objects to the consideration of a particular document in advance of hearing or of settling the record in the event there is no hearing on the appeal. If objection to a document is made, the Board will rule upon its admissibility into the record as evidence in accordance with paragraphs (m) and (t) of this section (Rules 13 and 20).

(e) Rule 5; dismissal for lack of jurisdiction. Any motion addressed to the jurisdiction of the Board shall be promptly filed. Hearing on the motion shall be afforded on application of either party, unless the Board determines that its decision on the motion will be deferred pending hearing on both the merits and the motion. The Board shall have the right at any time and on its own motion to raise the

issue of its jurisdiction to proceed with a particular case, and shall do so by an appropriate order, affording the parties an opportunity to be heard there

on.

(f) Rule 6; pleadings-(1) Appellant. Within 30 days after receipt of notice of docketing of the appeal, the appellant shall file with the Board an original and two copies of a complaint setting forth simple, concise and direct statements of each of his or her claims, alleging the basis, with appropriate reference to contract provisions for each claim, and the dollar amount claimed. This pleading shall fulfill the generally recognized requirements of a complaint, although no particular form or formality is required. Upon receipt thereof, the Board shall serve a copy upon the respondent. Should the complaint not be received within 30 days, appellant's claim and appeal may, if in the opinion of the Board the issues before the Board are sufficiently defined, be deemed to set forth his or her complaint and the respondent shall be so notified.

(2) Respondent. Within 30 days from receipt of said complaint, or the aforesaid notice from the Board, respondent shall prepare and file with the Board an original and two copies of an answer thereto, setting forth simple, concise, and direct statements of respondent's defenses to each claim asserted by appellant. This pleading shall fulfill the generally recognized requirements of an answer, and shall set forth any affirmative defenses or counterclaims as appropriate. Upon receipt thereof, the Board shall serve a copy upon appellant. Should the answer not be received within 30 days, the Board may, in its discretion, enter a general denial on behalf of the Government, and the appellant shall be so notified.

(g) Rule 7; amendments of pleadings or record. (1) The Board upon its own initiative or upon application by a party may, in its discretion, order a party to make a more definite statement of the complaint or answer, or to reply to an answer.

(2) The Board may, in its discretion, and within the proper scope of the appeal, permit either party to amend his or her pleading upon conditions