Patent Appeal No. 6713. November 17, 1961. Marcus Lothrop, San Francisco, Cal., Harry W.F. Glemser and Bacon Thomas, Washington, D.C., for appellant. Clarence W. Moore, Washington, D.C. (R.E. Martin, Washington, D.C., of counsel), for Com'r of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Judge O'CONNELL, pursuant to provisions
Patent Appeal No. 7837. February 16, 1967. Edwin M. Thomas, Washington, D.C., for appellants. Joseph Schimmel, Washington, D.C. (George C. Roeming, Washington, D.C., of counsel), for Commissioner of Patents. Before WORLEY, Chief Judge, RICH, SMITH and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. KIRKPATRICK, Judge. This is an appeal from a decision of the Board of Appeals affirming the rejection of claims 9-11,
(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