; and (ii) appropriate access for patent examiners to relevant sources of product application, approval, patent, and labeling information or communications between the Food and Drug Administration and the human drug or biological product sponsors that may not currently be subject to public disclosure, as appropriate and only to the extent necessary for the Office to carry out the responsibilities of the Office, such as ensuring accurate representations and access to information on whether the claimed invention that would be the subject of the patent was on sale before the effective filing date of the claimed invention, as described in section 102(a)(1); and (B) the Office to assist the Food and Drug Administration in its ministerial role of listing patents. (4) Establishing a process to ensure that, in appropriate circumstances, at the request of the Director, the Commissioner shall consult with or otherwise furnish specific, available information to the Office with respect to certain applications, responses, or affidavits after rejections in order to assist patent examiners in carrying out the duties of those patent examiners. (e) Rule of construction Nothing in subsection (d)(3)(B) shall be construed as— (1) directing the Office to interfere with, delay, or supersede the ministerial function of the Food and Drug Administration of listing patents; (2) indicating the position of the Office regarding the ability to assert a patent in infringement litigation