Patent Appeal No. 77-510. June 30, 1977. John H. Dodge, II, Charles W. Hanor, Houston, Tex. (Pravel, Wilson Gambrell, Houston, Tex.), 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 Court of Appeals of the United States Patent Office. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges. RICH, Judge. This appeal is from the decision of the United States
(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