The opinion
WORLEY, Chief Judge
(concurring).
I agree that appellant has failed to comply with the provisions of Section 142, 1 but am unable to agree with the *457 criticism levelled at that section by the concurring opinions.
I am certain Congress did not intend Section 142 to be, and that it has not become “a trap for the inexperienced, the unwary, or the careless,” nor do I regard it as “an anachronistic procedural hangover” from the 19th century. I am equally certain the facts here, as well as the history of that section, do not fairly support such evaluation.
Section 142 is but one of the sections of the statute 2 designed for, and so essential to, the orderly and expeditious discharge of the business of this court.
If an appellant is of the bona fide opinion that the board erred, surely it should present no problem for him to “specifically set forth in writing” his reasons within the sixty day period allowed by law. After all, appellant must eventually make his position known.
I am sympathetic with those who preclude a decision on the merits of an appeal by failing to comply with the statute governing reasons of appeal. I would be equally sympathetic with one who failed to file his appeal within the statutory period, but cannot see where the law is at fault in either case. Even if, in isolated instances such as here, a hardship might ostensibly result, that fact should be balanced with the need for procedures which promote the orderly operation of both the Patent Office and this court; procedures which, I might add, apparently have heretofore offered no obstacles to the overwhelming majority of those coming before this court.
These requirements have been in the law for many years. Inasmuch as Congress has consistently expressed its approval by reenacting them, 3 I would hesitate to suggest they be repealed or substantially modified in the absence of most compelling reasons.
. Ҥ 142. Notice of appeal
“When an appeal is taken to the United States Court of Customs and Patent Appeals, the appellant shall give notice thereof to the Commissioner, and shall file in the Patent Office his reasons of appeal, specifically set forth in writing, within such time after the date of the decision appealed from, not less than sixty days, as the Commissioner appoints.”
. Ҥ 143. Proceedings on appeal
“The United States Court of Customs and Patent Appeals shall, before hearing such appeal, give notice of the time and place of the hearing to the Commissioner and the parties thereto. The Commissioner shall transmit to the court certified copies of all the necessary original papers and evidence in the case specified by the appellant and any additional papers and evidence specified by the appel-lee and in an e® parte case the Commissioner shall furnish the court with the grounds of the decision of the Patent Office, in writing, touching all the points involved by the reasons of appeal.”
Ҥ 144. Decision on appeal
“The United States Court of Customs and Patent Appeals, on petition, shall hear and determine sueb appeal on the evidence produced before the Patent Office, and the decision shall be confined to the points set forth in the reasons of appeal. Upon its determination the court shall return to the Commissioner a certificate of its proceedings and decision, which shall be entered of reeord in the Patent Office and govern the further px-oceedings in the case.” (Italics supplied).
. As late as the last session, Congress •expressly reenacted the requirements of Sections 142, 143 and 144 in Public Law 87-772 ( 76 Stat. 769 ), effective August 9,' 1962, in amending the Trade-Marls Act.