No. 03-1477. Decided: July 29, 2004. Rehearing and Rehearing En Banc Denied September 27, 2004. Appeal from the United States District Court for the Eastern District of Pennsylvania, Franklin S. Van Antwerpen, J. Manny D. Pokotilow, Caesar, Rivise, Bernstein, Cohen Pokotilow, Ltd., of Philadelphia, PA, argued for plaintiff-appellant. With him on the brief were Bruce J. Chasan and Salvatore R. Guerriero. Erik N. Videlock, Pepper Hamilton LLP, of Philadelphia, Pennsylvania, argued for defendants-appellees
(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
When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise provided for must be by way of an oath or declaration under this section. 37 C.F.R. §1.132 65 FR 57057, Sept. 20, 2000 Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations. Part 7 is placed in the