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