Patent Appeal No. 76-568. August 12, 1976. John H. Dodge, II, Pravel Wilson, Charles W. Hanor, Houston, Tex., attorneys of record, for appellant, James B. Gambrell, New York City, of counsel. Joseph F. Nakamura, Washington, D.C., for Commissioner of Patents, John W. DeWhirst, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. RICH, Judge. This appeal is from the decision of the Patent
Patent Appeal No. 7516. February 17, 1966. Laurence Laurence, Washington, D.C. (Dean Laurence, Herbert I. Sherman, Washington, D.C., of counsel), for appellant. Clarence W. Moore, Washington, D.C. (Jack E. Armore, Washington, D.C., of counsel), for the Commissioner of Patents. Before RICH, Acting Chief Judge, MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Chief
(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
(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