Patent Appeal No. 76-677. March 31, 1977. Joseph T. Eisele, John Kurucz, Kane, Dalsimer, Kane, Sullivan Kurucz, New York City, attorneys of record for appellant. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, John W. Dewhirst, Washington, D.C., of Counsel. Appeal from the Board of Appeals of United States Patent Office. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and HERBERT N. MALETZ, Associate Judge, United States Customs Court. MILLER, Judge. This appeal
Patent Appeal No. 9169. March 7, 1974. Herman J. Gordon, William S. Feiler, Chicago, Ill. (Dressler, Goldsmith, Clement Gordon, Chicago, Ill.), attorneys of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents. Fred Sherling, Washington, D.C., of counsel. Appeal from the Patent Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Board of Appeals, affirming
(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