No. 83-642. June 15, 1983. Appeal from the United States District Court for the Eastern District of Pennsylvania. Before FRIEDMAN, RICH, BALDWIN, KASHIWA and BENNETT, Circuit Judges. ORDER FRIEDMAN, Circuit Judge. Appellant, Arco Polymers, Inc. ("Arco"), instituted this action in the United States District Court for the Eastern District of Pennsylvania, seeking a declaratory judgment that certain of the appellees' United States patents are invalid and have not been infringed through Arco's operations
(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
(a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)