Patent Appeal No. 5659. Argued January 13, 1950. Decided April 3, 1950. Whittemore, Hulbert Belknap, Washington, D.C. (L. Gaylord Hulbert, Detroit, Mich., and George A. Degnan, Washington, D.C., of counsel) for appellant. E.L. Reynolds, Washington, D.C. (J. Schimmel, Washington, D.C., of counsel) for the Commissioner of Patents. Before GARRETT, Chief Judge, and JACKSON, O'CONNELL and JOHNSON, Judges. JOHNSON, Judge. On May 15, 1944, the appellant filed an application in the United States Patent Office
Patent Appeal No. 4819. February 7, 1944. Appeal from the Board of Patent Appeals, Serial No. 333,443. Proceeding in the matter of the application of Henry B. Hass and another for a patent. From a decision affirming a decision of the Primary Examiner rejecting all of the claims of the application, the applicants appeal. Affirmed. See, also, 141 F.2d 127; 141 F.2d 130. Henry C. Parker, of Washington, D.C. (John Boyle, Jr., of Washington, D.C., of counsel), for appellants. W.W. Cochran, of Washington
(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)