Can a protestor petition the Director against an examiner’s adverse decision?

No, a protestor cannot petition the Director against an examiner’s adverse decision. MPEP § 1906 clearly states that under the restricted protestor participation permitted by 37 CFR 1.291(d), an examiner’s adverse decision “is not petitionable to the Director.” This limitation is part of the overall restrictions on protestor involvement in the patent examination process.

Protestor Cannot Appeal Adverse Examiner Decision MPEP 1906 Prohibited
Examiner Adverse Decision Final and Non-Petitionable MPEP 1906 Permitted