No. 127, Docket 24656. Argued December 12, 1957. Decided July 1, 1958. Rehearing Denied August 18, 1958. Certiorari Denied November 10, 1958. See 79 S.Ct. 124. John Vaughan Groner, New York City (Charles B. Smith and Fish, Richardson Neave, New York City, on the brief), for plaintiff-appellee. William O. Heilman, New York City (James M. Heilman, and Heilman Heilman, Washington, D.C., on the brief), for defendant-appellant. Before MEDINA, LUMBARD and WATERMAN, Circuit Judges. LUMBARD, Circuit Judge
Patent Appeal No. 8311. June 25, 1970. Arthur R. Eglington, attorney of record for appellants, George J. Harding, 3rd, Joan S. Keps, Philadelphia, Pa., of counsel. S. Wm. Cochran, Washington, D.C., for Commissioner of Patents, Leroy B. Randall, Jack Armore, Washington, D.C., of counsel. Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and FISHER, Chief Judge, Eastern District of Texas, sitting by designation. RICH, Acting Chief Judge. This appeal is from the decision of the Patent
(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)