No. 2011–1111. 2012-04-12 In re BECTON, DICKINSON AND COMPANY. Richard Z. Lehv, Fross, Zelnivk, Lehrman & Zissu, of New York, NY, argued for the appellant. Christina J. Hieber, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the appellee. With her on the brief was Raymond T. Chen, Solicitor. Of counsel was Amy Nelson. CLEVENGER 4,741,446, 4,991,104, 6,602,206. Cited. Richard Z. Lehv, Fross, Zelnivk, Lehrman & Zissu, of New York, NY, argued for the appellant
(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