No. 89-1537. March 30, 1990. Steven B. Kelber, Oblon, Spivak, McClelland, Maier Neustadt, P.C., Arlington, Va., argued for appellant. John W. Dewhirst, Associate Sol., Office of Sol., Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the Board of Patent Appeals and Interferences. Before ARCHER and MICHEL, Circuit Judges, and BALDWIN, Senior Circuit Judge. BALDWIN, Senior Circuit Judge. Sarah C. Watkinson (Watkinson) appeals the decision of the Board
Patent Appeal No. 7822. June 29, 1967. Richard E. Warner, for appellants. Joseph Schimmel, Washington, D.C. (Jere W. Sears, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. SMITH, Judge. This is an appeal from the decision of the Board of Appeals affirming the examiner's rejection of the appealed claims under 35 U
Patent Appeal No. 8211. March 5, 1970. Dos T. Hatfield, Washington, D.C., attorney of record, for appellant, Thomas W. Underhill, Boston, of counsel. Joseph Schimmel, Washington, D.C., for Commissioner of Patents, S. Wm. Cochran, Washington, D.C., of counsel. Before RICH, Acting Chief Judge, ALMOND, BALDWIN, LANE, Judges, and MATTHEWS, Senior Judge, United States District Court for the District of Columbia, sitting by designation. BALDWIN, Judge. This appeal is from the decision of the Patent Office
(a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622
After a final requirement for restriction, the applicant, in addition to making any reply due on the remainder of the action, may petition the Director to review the requirement. Petition may be deferred until after final action on or allowance of claims to the invention elected, but must be filed not later than appeal. A petition will not be considered if reconsideration of the requirement was not requested (see § 1.181 ). 37 C.F.R. §1.144 62 FR 53195, Oct. 10, 1997 Part 2 is placed in the separate
(a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and