Bankruptcy No. B-78-452. Memorandum of Decision February 15, 1979. On Remand August 27, 1979. MEMORANDUM OF DECISION ROBERT E. TREVETHAN, Bankruptcy Judge. This bankruptcy case was commenced by voluntary petition filed on July 28, 1978. On August 11, 1978 the plaintiff filed a complaint for determination of dischargeability of his indebtedness to the defendant. On December 29, 1978 the plaintiff filed a motion for summary judgment and also a statement of the material facts. Hearing was duly scheduled
(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)