
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2442]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
  SUBCHAPTER II--PROTECTABILITY OF PLANT VARIETIES AND CERTIFICATES OF 
                               PROTECTION
 
          Part F--Examinations; Response Time; Initial Appeals
 
Sec. 2442. Notice of refusal; reconsideration

    (a) Whenever an application is refused, or any objection or 
requirement made by the examiner, the Secretary shall notify the 
applicant thereof, stating the reasons therefor, together with such 
information and references as may be useful in judging the propriety of 
continuing the prosecution of the application; and if after receiving 
such notice the applicant requests reconsideration, with or without 
amendment, the application shall be reconsidered.
    (b) For taking appropriate action after the mailing to an applicant 
of an action other than allowance, the applicant shall be allowed at 
least 30 days, and not more than 180 days, or such other time as the 
Secretary shall set in the refusal, or such time as the Secretary may 
allow as an extension. Without such extension, action may be taken up to 
three months late by paying an additional fee to be prescribed by the 
Secretary.

(Pub. L. 91-577, title II, Sec. 62, Dec. 24, 1970, 84 Stat. 1549; Pub. 
L. 103-349, Secs. 6, 13(j), Oct. 6, 1994, 108 Stat. 3140, 3143.)


                               Amendments

    1994--Subsec. (b). Pub. L. 103-349 in first sentence substituted 
``mailing to an applicant'' for ``mailing to him'', ``the applicant 
shall'' for ``an applicant shall'', ``at least 30 days, and not more 
than 180 days'' for ``six months'', ``the Secretary shall'' for ``the 
Secretary in exceptional circumstances shall'', and ``as the Secretary 
may'' for ``as he may''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-349 effective 180 days after Oct. 6, 1994, 
see section 15 of Pub. L. 103-349, set out as a note under section 2401 
of this title.
