No. 2012–1452. 2013-12-9 ST. JUDE MEDICAL, INC., and St. Jude Medical Puerto Rico, LLC, Plaintiffs–Appellees, v. ACCESS CLOSURE, INC., Defendant–Appellant. Andrei Iancu, Irell & Manella, LLP, of Los Angeles, CA, argued for plaintiffs-appellees. With him on the brief were Morgan Chu, Alan J. Heinrich, Keith A. Orso, C. Maclain Wells, Eric B. Hanson and Laura Evans. Joseph R. Re, Knobbe, Martens Olson & Bear, LLP, of Irvine, CA, argued for defendant-appellant. With him on the brief was Tanya Mazur
(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
(a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and