Patent Appeal No. 2573. February 3, 1931. Appeal from Board of Patent Appeals. Application for patent by Sol Einstein. From a decision rejecting certain claims, the applicant appeals. Affirmed. Elmer R. Helferich, of New York City (Nathan Bowman, Albert F. Nathan, and Border Bowman, all of New York City, of counsel), for appellant. T.A. Hostetler, of Washington, D.C. (Howard S. Miller, of Washington, D.C., of counsel), for Commissioner of Patents. Before GRAHAM, Presiding Judge, and BLAND, HATFIELD
(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