No. 2010–1443.Serial No. 11/503,541. 2012-03-5 In re Erik P. STAATS and Robin D. Lash. John M. Whealan, of Silver Spring, Maryland, argued for appellants. Of counsel on the brief were Jeffrey A. Lamken and Lucas M. Walker, MoloLamken LLP, of Washington, DC, Robert A. Hulse, Fenwick & West, LLP, of San Francisco, California, and Richard J. Lutton, Jr., Apple Inc., of Cupertino, California. William Lamarca, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued
Patent Appeal No. 8223. January 8, 1970. Brumbaugh, Graves, Donohue Raymond, New York City, attorneys of record, for appellant, Arthur S. Tenser, New York City, of counsel. Joseph Schimmel, Washington, D.C., for Commissioner of Patents, Jere W. Sears, Washington, D.C., of counsel. Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges, and RAO, Chief Judge, sitting by designation. ALMOND, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's
(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) The reissue applicant is the original patentee, or the current patent owner if there has been an assignment. A reissue application must be accompanied by the written consent of all assignees, if any, currently owning an undivided interest in the patent. All assignees consenting to the reissue must establish their ownership in the patent by filing in the reissue application a submission in accordance with the provisions of § 3.73(c) of this chapter. (b) A reissue will be granted to the original