Civ. A. No. 88-0368. October 31, 1988. Ronald Kananen, Washington, D.C., for plaintiff. Richard Schafer, Office of Sol., Patents and Trademarks, Arlington, Va., for defendants. MEMORANDUM ORDER JOHN GARRETT PENN, District Judge. This matter is before the Court on cross-motions for partial summary judgment. The Court heard oral arguments on October 27, 1988. After giving careful consideration to the motions, the arguments and the record, the Court concludes that the plaintiff's motion for partial
(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