No. 2009-1496. March 15, 2010. Appeal from the United States District Court for the Eastern District of Texas in case no. 07-CV-00008, Judge Leonard Davis. Before NEWMAN, RADER, and LINN, Circuit Judges. ORDER PER CURIAM. The judgment in this case is affirmed. We uphold the district court's grant of summary judgment of no infringement based on the court's determination that there are no genuine issues of material fact and that no reasonable jury could find that the accused devices of Microsoft and
(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