Nos. 03-1634, 03-1635. August 18, 2005. Appeal from the United States District Court for the Northern District of Ohio. William F. Cavanaugh, Jr., Patterson, Belknap, Webb Tyler LLP, of New York, New York argued for plaintiffs/counterclaim defendants-cross appellants and plaintiff-appellee. With him on the brief was Stuart E. Pollack. Of counsel on the brief were Henry J. Renk and Bruce M. Wexler, Fitzpatrick, Cella, Harper Scinto, of New York, New York. Thomas H. Shunk, Baker Hostetler LLP, of Cleveland
(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