No. 86-1632. Argued January 7, 1987. Decided March 18, 1987. Willie J. Davis, Boston, Mass., for defendant, appellant. Jonathan Chiel, Asst. U.S. Atty., with whom Robert S. Mueller, III, U.S. Atty., Boston, Mass., was on brief, for appellee. Appeal from the United States District Court for the District of Massachusetts. Before COFFIN, Circuit Judge, ROSENN, Senior Circuit Judge, and SELYA, Circuit Judge. Of the Third Circuit, sitting by designation. COFFIN, Circuit Judge. Appellant Vivian Glover
Bankruptcy Nos. 80-00183 to 80-00185. November 4, 1980. Lionel, Sawyer Collins by Richard W. Horton, Reno, Nev., for alleged debtors. Hawkins, Rhodes, Sharp, Barbagelata Haase by Prince A. Hawkins, Reno, Nev., for petitioning creditor. OPINION AND DECISION BERT M. GOLDWATER, Bankruptcy Judge. On March 28, 1980, Security Bank of Nevada (Security) sole creditor of Lynn W. Rose, Elaine G. Rose, and 7H Land Cattle Co., Inc., a Nevada corporation, (7H) filed three separate petitions for involuntary bankruptcy
(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)