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, it is final and cannot be further appealed within the USPTO or to the courts.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2248 - Petition From Denial Of Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure