other roads of a secondary character. The center line of the highway or road shall be the center line of the right-ofway except where otherwise provided by the permit. Rights-of-way in excess of 132 feet in width may be authorized only with the specific approval of the regional forester. National forest lands on which a highway or road right-ofway is located shall continue to be administered by the Forest Service but their use for highway or road purposes shall be dominant, and no use or occupancy thereof for other purposes shall be authorized unless concurred in by the appropriate State or county official, except that in the event agreement cannot be reached regarding such other use or occupancy as is essential to the proper use and management of national forests, the matter shall be submitted to the Secretary of Agriculture for decision. Direction and caution signs shall be erected and maintained by the State or county highway department. Information signs shall be approved by the Forest Service prior to erection.

Approval by the Secretary of Agriculture of a forest highway construction program shall constitute authorization for the occupancy of national forest lands for the highways included in such construction program, but where a special use permit for a project included within a forest highway program is desired by a State or county to meet legal or fiscal requirements, or for the execution of road contracts, a permit shall be issued by the regional forester and shall contain such stipulations as may be necessary to protect national forest interests.

Except as provided in the preceding paragraph, no highway or road shall be constructed on national forest land unless or until the occupancy of said land for highway or road purposes shall have been authorized by permit. Application for permit to construct a highway or road shall be filed with the forest supervisor and shall be accompanied by a plat showing the precise location of the proposed highway or road. The forest su

pervisor shall then determine the effect of the proposed highway or road on the national forest and the changes in location or other features that may be necessary to safeguard the national forest, recording his findings in appropriate form and manner. Permits for State and county highways or roads of similar importance shall be issued by the regional forester. Forest supervisors may be authorized by the regional forester to issue permits for roads of lesser importance within such limitations as the regional forester may prescribe.

Trails may be constructed without permit upon consent and under the supervision of a forest officer, except that in the national forests in Alaska such consent and supervision will not be required.

No toll shall be charged for the use of roads or trails over national forest lands, and they shall be open to free public use unless otherwise authorized by the Chief of the Forest Service. Roads built at private expense may be temporarily closed to public use by order of the regional forester, if their unrestricted use endangers public safety and property or interferes with the primary purpose for which they were built.

Roads across national forest lands which are not parts of State or county highway systems and which are constructed and maintained wholly at the expense of the Federal Government and its private cooperators may be designated by the regional forester as "special service" roads, and public use of such roads may be prohibited or regulated by the regional forester when necessary to the public interest. (30 Stat. 35, 33 Stat. 628; 16 U.S.C. 551, 472) [Reg., Sept. 10, 1945, 10 F.R. 11672]

RIGHTS-OF-WAY FOR ELECTRIC POWER TRANSMISSION LINES [AMENDED]

CODIFICATION: In §§ 251.50 to 251.64, inclusive, the words "the Secretary" were deleted wherever they occurred, and the words "the Chief or Acting Chief of the Forest Service" were substituted in lieu thereof, by Regulation, Secretary of Agriculture, Feb. 21, 1945, 10 F.R. 2193.

1.137 Oral hearing before Board of Appeals. [Revised]

1.138 Applications remanded to primary examiner. [Revised]

AUTHORITY: §§ 1.137 and 1.138, appearing in this Supplement, issued under R.S. 83, 35 U.S.C., 6.

SOURCE: 1.137 and 1.138, appearing in this Supplement, contained in Order 384, Commissioner of Patents, approved by Secretary of Commerce, Sept. 6, 1945, 10 F.R. 11525. $1.137 Oral hearing before Board of Appeals. On filing of an appeal to the board of appeals a day of hearing will be fixed and due notice thereof given to the appellant, who shall file a brief of the authorities and arguments on which he will rely to maintain his appeal twenty days before the day of hearing. The examiner may thereupon, in his discretion and at least five days before the day of hearing, reply thereto. the time of making any such reply, the examiner shall furnish a copy of the same to the appellant.

At

§1.138 Applications remanded to primary examiner. Affidavits or exhibits submitted after the case has been appealed will not be admitted without remanding the application to the primary examiner for reconsideration; but the appellate tribunal may in their discretion refuse to remand the case and proceed with the same without accepting the affidavits or exhibits.

When a

§3.16 Optional procedure. proposed foreign application is substantially identical with one or more applications filed in the United States Patent Office, the petition for license to file the application and any amendments thereto in certain foreign countries designated by the Commissioner of Patents may be made on Form O-1. Such petition will not be accompanied by the material specified in §§ 3.4, 3.9 and 3.10. The license need not be presented at the post office but the licensed material may be mailed or forwarded at option of licensee. The Commissioner of Patents will designate the foreign countries to which this optional procedure will apply by notice in the Official Gazette. [Order 366, May 31, 1945, 10 F.R. 65201

§3.17 Extension of licenses. Whenever a license to file an application in a foreign country has heretofore been granted or is hereafter granted by the Commissioner of Patents, under the provisions of Public Law 239, 77th Congress, visions of 55 Stat. 657: 35 U.S.C. 42a, the license is, in each case, hereby revived, renewed and extended to ad

ditionally empower the licensee under authority of said license, to forward all duplicate and formal papers to the foreign country and to make all amendments necessary for the prosecution of such application, excluding supplements and continuances originating in this country which disclose inventions, modifications or variations not disclosed in the application authorized under the license. Licensee should apply to the envelope in which material is forwarded to the foreign country under this additional authority, the legend "License No. -Commissioner of Patents", inserting the number of the license. [Order 379, Aug. 2, 1945, 10 F.R. 9679]

§3.18 Optional procedure. In addition to the optional procedure specified in § 3.16 (Comr's. Order No. 366), a petition for license to file an application for patent and any amendments thereto in any foreign country may be in the

form of a letter addressed to the Commissioner of Patents, and need not be accompanied by the material specified in §§ 3.4, 3.9 and 3.10 (Comr's. Reg. 4, 9 and 10). Such petition must, however, contain the statement that the proposed foreign application is substantially identical with an application on file in the United States Patent Office, which latter application must be identified by the names of the inventor, serial number, title of the invention and date of filing. The issued license will permit filing in all countries except Germany and Japan. Licensed material destined for Bulgaria, Italy, Austria, Roumania and Hungary must be forwarded to the Technical Data Licensing Section of the Foreign Economic Administration for transmission abroad. In all other cases, the licensed material may be mailed or forwarded direct by the licensee without presentation to the Post Office Department. [Order 385, Sept. 10, 1945, 10 F.R. 11793]