Appeal No. 82-583. July 27, 1983. William H. Epstein, Nutley, N.J., argued, for appellant. With him on the brief was George M. Gould, Nutley, N.J. Harris A. Pitlick, Washington, D.C., argued, for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Associate Sol., Washington, D.C. Robert W. Furlong, Boston, Mass., argued, for intervenor. Appeal from the Patent and Trademark Office Board of Appeals. Before MILLER, Circuit Judge, COWEN, Senior Circuit Judge, and SMITH
(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