Patent Appeal No. 6043. June 24, 1954. Everett N. Curtis, San Diego, Cal., and Emory L. Groff, Washington, D.C. (Albert J. Kramer, Washington, D.C., of counsel), for appellant. E.L. Reynolds, Washington, D.C. (Clarence W. Moore, Washington, D.C., of counsel), for Commissioner of Patents. Before O'CONNELL, JOHNSON, WORLEY, COLE, and JACKSON (retired), Judges. COLE, Judge. Robert M. Montgomery has appealed here alleging error in a decision of the Board of Appeals of the United States Patent Office
(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