Sections 31 and 32 of the German Patent Act in effect before November 1, 1998
`
`
`
`31 Patent Act
`
`(1) The Patent Office grants to any one, upon request, an inspection of the documents as well as the
`models and samples belonging to the documents when and insofar as a justifiable interest can be shown
`to be credible. However, the inspection of the roll and the patent documents including the records of
`limitation procedures (§ 64) is available to every one; the same holds for inspection of the records of
`separated parts of a patent (§ 60).
`
`(2) Any one can inspect the records of patent applications if
`
`1. the applicant has given the Patent Office its consent to the inspection of documents and has
`designated the inventor, or
`
`2. eighteen months have passed since the filing date or, insofar as an earlier date is claimed as
`authoritative for the application, since that date, and a notice has been published according to § 32
`paragraph 5.
`
`(3) Insofar as the inspection of the records is available to any one, the inspection of the models and
`samples belonging to the records is also available to any one.
`
`(4) The designation of the inventor (§ 37 para. 1), if the inventor designated by the applicant so
`requests, can only be inspected in accordance with paragraph 1 clause 1; § 63 para. 1 clause 4 and 5
`shall apply accordingly.
`
`§ 32 Patent Act
`
`(1) The Patent Office publishes
`
`1. the applications laid open,
`
`2. the patent booklets, and
`
`3. the patent journal.
`
` (2) The application laid open contains the documents of the application available to inspection by any
`one according to § 31 para. 2 (§ 35 para. 1 No. 2 to 4) in the originally submitted form or the form
`approved by the Patent Office for publication. The application laid open should also include the abstract
`(§ 36) if filed in timely manner. The application laid open is not published if the patent booklet has
`already been published.
`
`(3) The patent booklet contains the patent claims, the specification and the drawings on the basis of
`which the patent has been granted. Furthermore, the patent booklet should indicate the publications
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1017 - Page 1
`
`
`
`
`
`31 Patent Act
`
`(1) The Patent Office grants to any one, upon request, an inspection of the documents as well as the
`models and samples belonging to the documents when and insofar as a justifiable interest can be shown
`to be credible. However, the inspection of the roll and the patent documents including the records of
`limitation procedures (§ 64) is available to every one; the same holds for inspection of the records of
`separated parts of a patent (§ 60).
`
`(2) Any one can inspect the records of patent applications if
`
`1. the applicant has given the Patent Office its consent to the inspection of documents and has
`designated the inventor, or
`
`2. eighteen months have passed since the filing date or, insofar as an earlier date is claimed as
`authoritative for the application, since that date, and a notice has been published according to § 32
`paragraph 5.
`
`(3) Insofar as the inspection of the records is available to any one, the inspection of the models and
`samples belonging to the records is also available to any one.
`
`(4) The designation of the inventor (§ 37 para. 1), if the inventor designated by the applicant so
`requests, can only be inspected in accordance with paragraph 1 clause 1; § 63 para. 1 clause 4 and 5
`shall apply accordingly.
`
`§ 32 Patent Act
`
`(1) The Patent Office publishes
`
`1. the applications laid open,
`
`2. the patent booklets, and
`
`3. the patent journal.
`
` (2) The application laid open contains the documents of the application available to inspection by any
`one according to § 31 para. 2 (§ 35 para. 1 No. 2 to 4) in the originally submitted form or the form
`approved by the Patent Office for publication. The application laid open should also include the abstract
`(§ 36) if filed in timely manner. The application laid open is not published if the patent booklet has
`already been published.
`
`(3) The patent booklet contains the patent claims, the specification and the drawings on the basis of
`which the patent has been granted. Furthermore, the patent booklet should indicate the publications
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1017 - Page 1
`
`
`
`which the Patent Office has considered in judging the patent worthiness of the claimed invention (§ 43
`para. 1). If the abstract (§ 36) has not yet been published, it should be included in the patent booklet.
`
`(4) The application laid open or the patent booklet is also published under the conditions of § 31 para. 2
`when the application is being withdrawn or rejected or when it counts as being withdrawn or the patent
`has expired, as long as the technical preparations for the publication were completed.
`
`(5) The patent journal contains regularly appearing summaries of the entries in the register insofar as
`they pertain not only to the regular expiration of the patents, and notices as to the possibility of
`inspecting the records of patent applications, and notices of the possibility of inspection of the records
`of separated parts of a patent (§ 60).
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1017 - Page 2
`
`
`
`Sections 31 and 32 of the German Patent Act in effect after November 1, 1998
`
`
`
`
`
`31 Patent Act
`
`(1) The Patent Office grants to any one, upon request, an inspection of the documents as well as the
`models and samples belonging to the documents when and insofar as a justifiable interest can be shown
`to be credible. However, the inspection of the roll and the patent documents including the records of
`limitation procedures (§ 64) is available to every one; the same holds for inspection of the records of
`separated parts of a patent (§ 60).
`
`(2) Any one can inspect the records of patent applications if
`
`1. the applicant has given the Patent Office its consent to the inspection of documents and has
`designated the inventor, or
`
`2. eighteen months have passed since the filing date (§ 35, para. 2) or, insofar as an earlier date is
`claimed as authoritative for the application, since that date, and a notice has been published according
`to § 32 paragraph 5.
`
`(3) Insofar as the inspection of the records is available to any one, the inspection of the models and
`samples belonging to the records is also available to any one.
`
`(4) The designation of the inventor (§ 37 para. 1), if the inventor designated by the applicant so
`requests, can only be inspected in accordance with paragraph 1 clause 1; § 63 para. 1 clause 4 and 5
`shall apply accordingly.
`
`§ 32 Patent Act
`
`(1) The Patent Office publishes
`
`1. the applications laid open,
`
`2. the patent booklets, and
`
`3. the patent journal.
`
` (2) The application laid open contains the documents of the application available to inspection by any
`one according to § 31 para. 2 and the abstract (§ 36) in the originally submitted form or the form
`approved by the Patent Office for publication. The application laid open should also include the abstract
`(§ 36) if filed in timely manner. The application laid open is not published if the patent booklet has
`already been published.
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1017 - Page 3
`
`
`
`(3) The patent booklet contains the patent claims, the specification and the drawings on the basis of
`which the patent has been granted. Furthermore, the patent booklet should indicate the publications
`which the Patent Office has considered in judging the patent worthiness of the claimed invention (§ 43
`para. 1). If the abstract (§ 36) has not yet been published, it should be included in the patent booklet.
`
`(4) The application laid open or the patent booklet is also published under the conditions of § 31 para. 2
`when the application is being withdrawn or rejected or when it counts as being withdrawn or the patent
`has expired, as long as the technical preparations for the publication were completed.
`
`(5) The patent journal contains regularly appearing summaries of the entries in the roll insofar as they
`pertain not only to the regular expiration of the patents and the registration or cancellation of exclusive
`licenses, and notices as to the possibility of inspecting the records of patent applications, and notices of
`the possibility of inspection of the records of separated parts of a patent (§ 60).
`
`
`
`
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1017 - Page 4
`
`
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1017 - Page 5
`
`
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