No. 76-1044. Heard June 16, 1976. Decided February 3, 1977. Rehearing and Rehearing En Banc Denied March 17, 1977. Irving Powers, John K. Roedel, Jr. St. Louis, Mo., for appellant. Raymond J. McElhannon, Norman H. Zivin, Clyde H. Haynes, New York City, William T. Rifkin, Chicago, Ill., for appellee. Appeal from the United States District Court for the Southern District of Illinois. Before SWYGERT, CUMMINGS and PELL, Circuit Judges. SWYGERT, Circuit Judge. The outcome of this appeal turns on the validity
(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