Patent Appeal No. 7883. June 27, 1968. Rehearing Denied October 10, 1968. Robert F. Hause, Buffalo, N.Y. (James W. Dent, Washington, D.C., of counsel), for appellant. Joseph Schimmel, Washington, D.C. (Fred W. Sherling, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and Judges RICH, SMITH, ALMOND and KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. RICH, Judge. This appeal is from a decision of the Patent Office
Patent Appeal No. 8587. April 20, 1972. Rehearing Denied June 22, 1972. Bruce G. Klaas, Detroit, Mich. (Harness, Dickey Pierce, Detroit, Mich.), attys. of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents. R. V. Lupo, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges. LANE, Judge. This appeal is from the decision of the Patent Office Board of Appeals, adhered to
(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)