OCTOBER TERM, 1874. Though an idea of a person who afterwards obtains a patent for a device to give his idea effect, may be a good idea, yet if the device is not new his patent is void, even though it be useful. The principle applied to the patent of J.B. Blair, of July 23d 1867, for a new manufacture, being rubber heads for lead-pencils, and the patent held void as being for nothing more than making a hole smaller than the pencil in a piece of india-rubber and putting the pencil in the hole, the
(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) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)