No. 90-1362. May 13, 1991. Thomas W. Tolpin, Highland Park, Ill., argued for appellant. Teddy S. Gron, Associate Sol., Office of the Sol., Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences. Before RICH, NEWMAN, and RADER, Circuit Judges. PAULINE NEWMAN, Circuit Judge. Jeffrey B. Gorman and Marilyn Katz (hereinafter "Gorman") appeal the decision of the United States
Patent Appeal No. 8125. April 3, 1969. John C. Vassil, New York City (Thomas P. Dowling, New York City, of counsel) for appellant. Joseph Schimmel, Washington, D.C., (Jere W. Sears, Washington, D.C., of counsel) for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, ALMOND and BALDWIN, Judges. BALDWIN, Judge. This appeal is from the Patent Office Board of Appeals decision affirming the rejection of all the claims of appellant's application under 35 U.S.C. § 103. Serial No. 266,730
(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
(a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)