COMMISSIONER LEHMAN:  Next is Glenn Wise.
 
        MR. WISE:  Commissioner Lehman, ladies and gentlemen, I am here
        representing myself and two ad hoc groups that have formed in the
        search room.  They were formed by what I will call the nuts and
        bolts guys that have to do the outside searching, somebody
        equivalent to the examining corps on the inside.  We are the liaison
        between the PTO and corporations, firms and individual inventors who
        don't want to come down here or can't come down here.  My address is
        6450 Georgetown Pike, McLean, Virginia, 22101.  I am representing
        not only myself, but these two ad hoc groups.  I'm not going to read
        the entire ad hoc group name, because it is rather long.  The first
        group is for having both the application as filed in the classified
        files as well as the OG notice section.  That is a second ad hoc
        group which is against imposition of access fees to obtain the file
        history or electronic equivalent thereof should you be peeped by an
        OG notice.  I might start out by using a very trite expression that,
        those who ignore history are bound to repeat it.  We may be about to
        do that.  I'll mention three different occasions where the Patent
        Office has started something and then backed off.  In 619OG258, back
        on 1/25/49, the Patent Office, then the Patent Office published a
        notice whereby you could publish abstracts of applications.  That
        went on for a while.  I'm not able to tell you exactly when it
        stopped, but I know now that maybe one in 250,000 documents in the
        office is an abstract only.  This will all be submitted with my
        written testimony on Friday.  So, they decided to go to what I'll
        call option two in the "Federal Register" notice, whereas we are
        requesting options two and three and then they backed off from
        option two later.  Later on, they decided to do the space
        requirements, which I'll address a little later.  We will take the
        jumbo patents and instead of giving you the jumbos, we will give you
        one sheet, which you can see throughout the Patent Office now.  But
        after several years of complaining, we told them that that just
        wasn't sufficient notice for search purposes.  So now, we have them
        up to a magnificent normally five sheets and depending on the
        particular application involved, sometimes more.  What they promise
        now to give us is the front sheet, the first two pages of
        specifications and all the claims.  The one I have in my hand has a
        total of seven pages, which it took to do that.  So, in both cases
        where the Patent Office was considering option two only, they have
        backed away from that.  The third situation I'll mention where they
        backed down -- that was in the early, primitive days of
        microcapture.  They had the machine tool arts on microfiche. Within
        about two years of its institution, everybody knew that it was bad
        news.  Both in and out and the outside was as strong about trying to
        get rid of it as the inside, but it took about 15 years to get that
        microfiche back on paper and full copies of the patents, during
        which time we suffered through unreadable 'fiche and the like, I'm
        just suggesting that, we are at a point now where it is decision
        making time again if this legislation goes through.  Let's not
        repeat the same mistakes.  We have different search requirements
        than the corps on the outside. We have to do what are called
        infringement searches, which the examiners do not do.  We have to
        study claims.  I am submitting examples of three patents into the
        record which on their face would appear to relate only to apparatus.
        Here is one of them.  The first seven claims are to apparatus and
        the title is apparatus.  The claim made is a method.  If you give me
        one sheet with just what is on that one sheet, I'd never know there
        was a method claim in that.  The documentation classification system
        is based on claim disclosure.  The subclasses are formed by reading
        the claims in the active area at least and they are put in the
        subclasses based on claim disclosure.  Without that, we'd almost
        have to check every patent in some subclasses by taking the
        abstract, if it went that way and going to the file room or wherever
        to get the full disclosure, at least, as filed.  So, we're not
        asking beyond the as-filed in the classified files, but we do need
        that to be able to do our business.  Now, whenever I mention this
        around the corps and I see a lot of people every day, not only in
        the corps, but you gentlemen sometimes and others in the hierarchy,
        I get the answer, well, where are we going to put it.  I've worked a
        long time with the PTO on various problems and I have suggestions
        and we will submit that, as to where you can put it without
        involving any more floor space than you now have.  Another thing is
        that I think some people have overlooked.  If you publish an
        application and then it goes abandoned, it's still going to be prior
        art forever.  So, what we're talking about here, if my recollection
        is correct, you issue now about 65 percent and abandoned about 35. 
        Is that correct, Mr. Kunin?  I think under the publication system
        the abandonment will be less at 18 months, because some people won't
        even have an action.  They won't even know.  So, I would just guess
        off the top of my head that maybe 25 percent will go abandoned and I
        think that's probably high. But at any rate, 75 percent of what is
        filed, let's say, is going to have to go into the files somehow,
        either option two or option three, preferably option three.  Based
        on that, it just seems to me that since the patent is going to go in
        one of the issues anyway, you might as well go the other half mile
        and put the whole thing in.  Now, if anybody has seen recent
        reexamines, they are kind of like the re-issue in that, whereas, new
        matter is added where they Italicize it and if it is taken out, they
        put the brackets around it as most of you are probably familiar
        with.  I believe myself that the ideal way to do this would be to
        put the as-filed application in and then put the changes in,
        perhaps, on a different color of paper, like the reexams I've read
        now are pink.  Just attach, in this case, just three sheets to what
        is probably a rather large reexam.  I don't know how big it is,
        because I didn't get the whole patent.  It would seem to me that
        that would make sense to do it that way.  I might close just by
        saying, if we go back to the founding fathers, one of them had some
        expressions that were pretty good.  Mr. Franklin was that gentleman. 
        He said that a job worth doing is worth doing well.  I hate to
        almost say it, it's so trite, but I think that's where we are at the
        moment.  I thank you for your time and I will be submitting
        testimony.  I have one more thing to say, excuse me.  These ad hoc
        groups will be submitting signature sheets stating their position as
        to as-filed and access fees we have been circulating two or three
        weeks.  So, there are scores of signatures.  Most of the people on
        what we need in the search files are professional searchers.  A lot
        of people on no access fees are photocopy personnel or service
        personnel who don't have all the money in the world.  Often times,
        an access fee might even kill their ability to get a file that
        somebody requests them to copy. I know many occasions where
        especially the younger people are waiting for the check from the
        last job to come in before they can do the next job.  I'm not
        kidding.  Thank you very much.