No. 89-1332. December 12, 1989. Thomas Schneck, Law Offices of Thomas Schneck, San Jose, Cal., argued for appellant. John Dewhirst, Associate Sol., Office of the Solicitor, Arlington, Va., argued for appellee. With him on the brief was Fred E. McKelvey, Sol. Appeal from the Patent and Trademark Office Board of Patent Appeals and Interferences. Before MARKEY, Chief Judge, BALDWIN, Senior Circuit Judge, and NEWMAN, Circuit Judge. PAULINE NEWMAN, Circuit Judge. The decision of the United States Patent
Patent Appeal No. 7599. July 21, 1966. Herbert B. Keil, Matthew C. Thompson, Chicago, Ill., for appellants. Clarence W. Moore, Washington, D.C. (George C. Roeming, Washington, D.C., of counsel), for Commissioner of Patents. Before RICH, Acting Chief Judge, MARTIN, SMITH and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK. United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in place of Chief Judge WORLEY, pursuant to provisions of Section 294(d)
(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