Patent Appeal No. 6357. June 24, 1958. Brumbaugh, Free, Graves Donohue, New York City (Eben M. Graves and John R. Janes, New York City, of counsel), for appellants. Clarence W. Moore, Washington, D.C. (J. Schimmel, Washington, D.C., of counsel), for Commissioner of Patents. C. Willard Hayes, Washington, D.C., William J. Barnes, New York City, Neal A. Waldrop, Detroit, Mich., Leland L. Chapman, Cleveland, Ohio (Paul L. Tillson, Pittsburgh, Pa., John D. Upham and Frederick C. Wellington, Dayton, Ohio
(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