MPEP 2308.04
Office Procedure Following Decision by the U. S. Court of Appeals for the Federal Circuit

Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020

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2308.04    Office Procedure Following Decision by the U. S. Court of Appeals for the Federal Circuit [R-10.2019]

The losing party after an interference judgment has the right to appeal an unfavorable Board decision to the U.S. Court of Appeals for the Federal Circuit (CAFC). If the losing party before the Board is unsuccessful after appealing to the CAFC, with all claims being finally refused, and a formal mandate is issued regarding the pending claims then the proceedings in the case are considered terminated on the issue date of the mandate. In accordance with Morganroth v. Quigg, 885 F.2d 843, 12 USPQ2d 1125 (Fed. Cir. 1989), the subject application may not be revived by the USPTO on petition because the USPTO’s authority to revive applications does not extend to an alleged abandonment resulting from actions taken in proceedings outside the agency. See MPEP § 1216.01, subsection I.A.