Appeal No. 80-540. December 18, 1980. Andrew J. Cornelius, Pittsburgh, Pa., for appellant. Joseph F. Nakamura, Sol., Jeffrey H. Kaufman, Trademark Atty., Fred E. McKelvey, Associate Sol., Washington, D.C., for Patent and Trademark Office. Appeal from the Commissioner of Patents and Trademarks. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. MILLER, Judge. This appeal pursuant to 15 U.S.C. § 1071(a) is from a decision of the Commissioner of Patents and Trademarks, acting through
(a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty