Manual of Patent Examining Procedure - MPEP

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1900 Protest

1906 Supervisory Review of an Examiner's Decision Adverse to Protestor

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 .

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