No. 83-1031. Submitted May 19, 1983. Decided August 31, 1983. Duane A. Lillehaug, Dosland, Dosland Nordhougen, Moorhead, Minn., for petitioner Hoefflin. Rodney S. Webb, U.S. Atty., Gary Annear, First Asst. U.S. Atty., Fargo, N.D., for appellee. Ronald I. Meshbesher, Vice President, Nat. Ass'n of Crim. Defense Lawyers, Minneapolis, Minn., Alan Ellis, Chairman, Amicus Curiae Committee, Nat. Ass'n of Crim. Defense Lawyers, Philadelphia, Pa., for amicus curiae. Appeal from the United States District
(a) (1) An appeal filed under the provisions of § 2.141(a) from the final refusal of an application must be filed within the time provided in § 2.62(a) . (2) An appeal filed under the provisions of § 2.141(b) from an expungement or reexamination proceeding must be filed within three months from the issue date of the final Office action. (3) An appeal is taken by filing a notice of appeal, as prescribed in § 2.126 , and paying the appeal fee. (b) (1) The brief of appellant shall be filed within sixty