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28 U.S.C. § 2353 — Repealed. Pub. L. 97–164, title I, § 138, Apr. 2, 1982, 96 Stat. 42]

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2353 — Repealed. Pub. L. 97–164, title I, § 138, Apr. 2, 1982, 96 Stat. 42]

### Statutory Notes Section, added Pub. L. 91–577, title III, § 143(c), Dec. 24, 1970, 84 Stat. 1559, gave the court of appeals nonexclusive jurisdiction to hear appeals under section 71 of the Plant Variety Protection Act ([7 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2461&num=0&edition=prelim)). See [section 1295(a)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1295/a/8&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under [section 171 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section171&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-28/section-2353-repealed-pub-l-97164-title-i-138-apr-2-1982-96-stat-42--b6bd546000.md
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Source location: Title 28, Chapter 158, § 2353; chapter-158-orders-of-federal-agencies-review.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2461 — Appeals

From the decisions made under sections 2404, 2443, 2501, and 2568 of this title appeal may, within sixty days or such further times as the Secretary allows, be taken under the Federal Rules of Appellate Procedure. The United States Court of Appeals for the Federal Circuit shall have jurisdiction of any such appeal.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States. **(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2353 — Untitled legal text

Page 594 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2350 tion’’ are omitted as unnecessary. In the last sentence, the word ‘‘applies’’ is substituted for ‘‘shall apply’’. Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–620 struck out provisions that the hearing on an application for an interlocutory injunction be given preference and expedited and heard at the earliest practicable date after the expiration of the notice of hearing on the application, and that on the final hearing of any proceeding to review any order under this chapter, the same requirements as to prece- dence and expedition was to apply. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620 set out as an Effective Date note under section 1657 of this title. § 2350. Review in Supreme Court on certiorari or certification (a) An order granting or denying an interlocu- tory injunction under section 2349(b) of this title and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by section 1254(1) of this title. Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari. (b) The provisions of section 1254(2) of this title, regarding certification, and of section 2101(f) of this title, regarding stays, also apply to proceedings under this chapter. (Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 624; amended Pub. L. 100–352, § 5(e), June 27,

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2461 — Appeals

Page 1504 TITLE 7—AGRICULTURE § 2443 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 prosecu- tion of the application; and if after receiving such notice the applicant requests reconsider- ation, with or without amendment, the applica- tion 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 Sec- retary. (Pub. L. 91–577, title II, § 62, Dec. 24, 1970, 84 Stat. 1549; Pub. L. 103–349, §§ 6, 13(j), Oct. 6, 1994, 108 Stat. 3140, 3143.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–349 in first sentence sub- stituted ‘‘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 Sec- retary may’’ for ‘‘as he may’’. Statutory Notes and Related Subsidiaries 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. § 2443. Initial appeal When an application for plant variety protec- tion has been refused by the Plant Variety Pro- tection Office, the applicant may appeal to the Secretary. The

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