Can the decision on a petition from denial of reexamination be appealed?
No, the decision on a petition from denial of reexamination cannot be appealed. MPEP 2248 clearly states: “This decision is final and nonappealable. See 35 U.S.C. 303(c) and 37 CFR 1.515(c). No further communication on this matter will be acknowledged or considered.” This means that once the CRU Director makes a decision on the petition,…
Read MoreIs an examiner’s decision adverse to a protestor final?
Yes, an examiner’s decision adverse to a protestor is final. MPEP § 1906 explicitly states that “a decision by the examiner adverse to a protestor is final.” This means that once an examiner has made a decision that goes against the protestor’s arguments, there are no further avenues for the protestor to challenge that decision…
Read More