Patent Appeal No. 8356. November 25, 1970. Lyon Lyon, James W. Geriak, Douglas E. Olson, Los Angeles, Cal., attorneys of record, for appellant. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; R.E. Martin, Washington, D.C., of counsel. Before RICH, ALMOND, BALDWIN, LANE, Associate Judges, and RE, Judge, United States Customs Court, sitting by designation. LANE, Judge. This appeal is from the decision of the Patent Office Board of Appeals, which affirmed the examiner's rejection
(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