MPEP § 1906 — Supervisory Review of an Examiner’s Decision Adverse to Protestor

Ninth Edition, Revision 01.2024 · last revised R-10.2019

As pointed out in MPEP § 1901.07, a protestor cannot appeal to the Patent Trial and Appeal Board from an adverse decision of the examiner. Further, a decision by the examiner adverse to a protestor is final, and under the restricted protestor participation permitted under 37 CFR 1.291(d) is not petitionable to the Director.

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