MARKEY, Chief Judge.
Volk appeals from the Patent and Trademark Office Board of Appeals (board) decision dismissing his appeal for lack of jurisdiction. We affirm.
Background
On September 25, 1975, Volk filed an infringement suit against Wesley-Jessen, Inc. (Wesley) in the U. S. District Court for the Northern District of Ohio, Eastern Division. Wesley answered and counterclaimed for a declaration of invalidity and non-infringement.
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