March 9, 1972. Albert L. Ely, Jr., Cleveland, Ohio (Ely, Golrick Flynn, Cleveland, Ohio), attys. of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; John W. Dewhirst, Washington, D.C., of counsel. Appealed from Court of Customs and Patent Appeals, Rich, Judge. Before RICH, ALMOND, BALDWIN, and LANE, Judges, and ROSENSTEIN, Judge, United States Customs Court, sitting by designation. RICH Judge. This appeal is from the decision of the Patent Office Board of
No. 157. October 29, 1928. Appeal from the District Court of the United States for the Eastern District of New York. Patent infringement suit by Charles H. Jockmus against Evsor Leviton and Isadore Leviton, trading under the name of the Leviton Manufacturing Company. Decree for plaintiff, and defendants appeal. Reversed, and bill dismissed. The patented invention relates to electric light fixtures made to imitate a lighted candle, an electric bulb being the flame, and a fiber or porcelain jacket
(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
When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. 37 C.F.R. §1.132 65 FR 57057, Sept. 20, 2000 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 7 is placed in the