[lemma=d] [lemma=")"] [tag="-LRB-"] [lemma="3"] [□]
[lemma=d] [lemma=")"] [tag="-LRB-"] [lemma="3"] [□=□]
[lemma=d] [lemma=")"] [tag="-LRB-"] [lemma="3"] [!□]
Commissioner for Patents nearing the end of his five year term or one of the Deputy Commissioners who is about to retire and enter private practice and who most closely mirrors the definition of one who provides " substantial guidance on patent examination policy , including the development of rule or procedure changes , patent examination guidelines [ and ] changes to the Manual of Patent Examining Procedure " as recited in 37 CFR 11.7 ( d ) ( 3 ) ( i ) ( A ) . 922 ( d ) ( 3 ) , at issue in Martin , directly proscribed conduct by private persons . 2641.301 ( d ) ( 3 ) is broad . Thus , 37 Cfn 11.7 ( d ) ( 3 ) ( i ) ( A ) expressly provides that " [ t ] he OED Director would waive the taking of a registration examination in the case of a former Office employee meeting the requirements [ of proof of the individual 's scientific and technical training ] of paragraph ( b ) ( 3 ) of this section who by petition demonstrates possession of the necessary legal qual f cations to render to patent applicants and others valuable service and assistance in the preparation and prosecution of their applications or other business before the Office by showing that * * * [ h ] e or she has exhibited comprehensive knowledge of patent law equivalent to that shown by passing the registration examination as a result of having been in a position of responsibility in the Office in which he or she * * * [ p ] rovided substantial guidance on patent examination policy , including the development of rule or Lr procedure changes , patent examination guidelines , changes to the Manual of Patent Examining Procedure , or development of training or testing materials for the patent examining corps [ . Any Original Participating Manufacturer , Subsequent Participating Manufacturer or Settling State ( except the entity that withheld the information ) may dispute such estimate employed by the Independent Auditor in its Preliminary Calculation in the manner prescribed in subsection ( d ) ( 3 ) or such estimate employed by the Independent Auditor in its Final Calculation in the manner prescribed in subsection ( d ) ( 6 ) .