No. 97-1225 May 20, 1998 Appealed from: U.S. Patent and Trademark Office Board of Patent Appeals and Interferences. (Serial No. 29/020,787) United States Court of Appeals for the Federal Circuit. S. Michael Bender, S. Michael Bender, P.A., of Gulfport, Florida, argued for appellant. Karen A. Buchanan, Associate Solicitor, Office of the Solicitor, of Arlington, Virginia, argued for appellee. With her on the brief were Nancy J. Linck, Solicitor, and Albin F. Drost, Deputy Solicitor. William T. Fryer
(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