Patent Appeal No. 8837. January 26, 1973. S. Augustus Demma, New York City, attorney of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; Raymond E. Martin, Washington, D.C., of counsel. Appeal from the Patent Office. Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. RICH, Judge. This appeal is from the Patent Office Board of Appeals decision affirming the rejection of claims 1-10, all claims of application serial No. 642,294, filed May
(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