Patent Appeal No. 8125. April 3, 1969. John C. Vassil, New York City (Thomas P. Dowling, New York City, of counsel) for appellant. Joseph Schimmel, Washington, D.C., (Jere W. Sears, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, ALMOND and BALDWIN, Judges. BALDWIN, Judge. This appeal is from the Patent Office Board of Appeals decision affirming the rejection of all the claims of appellant's application under 35 U.S.C. § 103. Serial No. 266,730
(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