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

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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1906    Supervisory Review of an Examiner’s Decision Adverse to Protestor [R-08.2012]

As pointed out in MPEP § 1901.07, a protestor cannot appeal to the Board of Patent Appeals and Interferences 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.