Patent Appeals No. 5658. April 3, 1950. J.L. Kelly, Washington, D.C. (A. Yates Dowell, Washington, D.C., of counsel), for appellant. E.L. Reynolds, Washington, D.C. (Walter J. Derenberg, Washington, D.C., of counsel), for Commissioner of Patents. Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, and JOHNSON, Judges. O'CONNELL, Judge. This is an appeal from the decision of the Commissioner of Patents in which the decision of the Examiner of Trade-Marks refusing appellant's application to register
(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