In this Order, the Federal Circuit dismissed the appeal from a non-final adjudication from the PTAB. Arunachalam appealed to the Federal Circuit from the examiner’s non-final rejection in a reexamination proceeding. The court held that it lacks jurisdiction over this appeal, because the rejection was a non-final adjudication, as the next step following an examiner’s final rejection is to reopen prosecution and attempt to traverse the final rejection or appeal to the Board, not to appeal to the Federal Circuit.
In re: Arunachalam, Case No. 2015-1560 (May 27, 2016); Opinion by: Hughes, joined by Taranto and Chen; Appealed From: United States Patent and Trademark Office, Patent Trial and Appeal Board. Read the full opinion here.