Appeal No. 83-983. November 18, 1983. Arnold Sprung, New York City, argued, for appellant. John F. Pitrelli, Arlington, Va., argued, for appellee. With him on the brief were Joseph F. Nakamura, Sol. and John W. Newhirst, Associate Sol., Washington, D.C. Appeal from the Trademark Trial and Appeal Board. Serial No. 266643. Before FRIEDMAN, SMITH and NIES, Circuit Judges. NIES, Circuit Judge. The decision of the Trademark Trial and Appeal Board (board) of the United States Patent and Trademark Office
(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