Appeal No. 82-510. September 16, 1982. Karl F. Milde, Jr., Chappaqua, N.Y., for appellant. Joseph F. Nakamura, Sol., and Jere W. Sears, Deputy Sol., Washington, D.C., for the Patent and Trademark Office. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges. MILLER, Judge. This is an appeal from a decision of the Patent and Trademark Office ("PTO") Board of Appeals ("board") sustaining the examiner's rejection under 35
(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