Appeal No. 80-591. February 26, 1981. Robert A. Armitage, Kalamazoo, Mich., for appellant. Joseph F. Nakamura, Sol., for Patent Trademark Office; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. NIES, Judge. This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the rejection of the sole claim of appellant's application under the
(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