Patent Appeal No. 6364. June 18, 1958. William H. Webb, Washington, D.C. (Donald A. Gardiner, Washington, D.C., of counsel), for appellant. Clarence W. Moore, Washington, D.C. (Arthur H. Behrens, Washington, D.C., of counsel), for the Commissioner of Patents. Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, and RICH, Associate Judges. JOHNSON, Chief Judge. This is an appeal from a decision of the Patent Office Board of Appeals rejecting as unpatentable over the prior art claims 46 through 49 and
(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