Patent Appeal No. 8239. January 15, 1970. Richard W. Sternberg, Roger R. Jones, St. Louis, Mo., attys. of record, for appellant. Joseph Schimmel, Washington, D.C., for the Commissioner of Patents. Raymond E. Martin, 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 is an appeal from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, affirming the rejection
(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