No. 90-1362. May 13, 1991. Thomas W. Tolpin, Highland Park, Ill., argued for appellant. Teddy S. Gron, Associate Sol., Office of the Sol., Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences. Before RICH, NEWMAN, and RADER, Circuit Judges. PAULINE NEWMAN, Circuit Judge. Jeffrey B. Gorman and Marilyn Katz (hereinafter "Gorman") appeal the decision of the United States
Patent Appeal No. 75-602. December 4, 1975. Keith D. Beecher, Los Angeles, Cal., for appellant. Joseph E. Nakamura, Sol., R.V. Lupo, Assoc. Sol., Washington, D.C., for Commissioner of Patents. Appeal from the Board of Appeals of the Patent and Trademark Office. MILLER, Judge. This appeal is from the decision of the Board of Appeals of the Patent and Trademark Office affirming the examiner's rejection of claims 5 and 6 of application serial No. 314,180, filed Dec. 11, 1972, for "Portable Moisture
Patent Appeal No. 6554. April 6, 1960. Morrison, Kennedy Campbell, Luther E. Morrison, New York City, for appellant. Clarence W. Moore, Washington, D.C. (Raymond E. Martin, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, RICH, MARTIN and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior Judge for the Eastern District of Pennsylvania, designated to participate in place of Judge O'Connell, pursuant to provisions of Section 294(d), Title 28
(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
(a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and