Appeal No. 77-622. June 30, 1978. David R. Murphy, Arlington, Va., attorney of record, for appellants, Charles A. Wendel, Harold C. Wegner, Arlington, Va., on behalf of the Patent, Trademark and Copyright Section, Virginia State Bar. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents. Fred E. McKelvey, Woodbridge, Va., for the Patent and Trademark Office. Appeal from the United States Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE

Patent Appeal No. 9136. November 1, 1973. Sheldon W. Rothstein, Brown Mikulka, Cambridge, Mass., attorneys of record, for appellant; Donald R. Dunner, Washington, D.C., of counsel. Ellsworth H. Mosher, Arlington, Va., for amicus curiae. Joseph F. Nakanura, Acting Sol., for the Commissioner of Patents. Appeal from the Board of Patent Appeals. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. MARKEY, Chief Judge. This appeal is from the dismissal by the Board of

Appeal No. 78-536. June 30, 1978. Stanley H. Mervis, Cambridge, Mass., attorney of record, for appellant. Charles A. Wendel, Arlington, Va., Karl F. Jorda, Ardsley, N.Y., Harold C. Wegner, Arlington, Va., attorneys of record, for American Patent of Law Assn., amicus curiae, Earl L. Tyner, Arlington, Va., Harry E. Westlake, Jr., Rahway, N. J., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D.C., of counsel. Appeal from the United States

(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