Patent Appeal No. 8013. December 19, 1968. Jay P. Friedenson, Morristown, N.J., for appellant. Joseph Schimmel, Washington, D.C. (Raymond E. Martin, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, SMITH, ALMOND, and BALDWIN, Judges. WORLEY, Chief Judge. Broadley alleges reversible error in the decision of the Board of Appeals affirming the examiner's rejection of claims 1-6 as unpatentable over Lewis in view of Midgley under 35 U.S.C. § 103. Appearing
(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