In re: Arunachalam, No. 16-1560 (Fed. Cir. 2016)
Annotate this CaseDr. Arunachalam owns the 178 patent, which has been undergoing reexamination since November 2008. In 2014, the Patent Trial and Appeal Board affirmed the rejection of claims 9– 16, but designated a new ground of rejection for claim 16. Arunachalam elected to reopen prosecution of the claims, after which the examiner issued a final rejection in June 2015. Rather than appeal the examiner’s final rejection to the Board, Arunachalam appealed to the Federal Circuit, which dismissed for lack of jurisdiction to hear a non-final appeal from the Patent Office. A patent owner dissatisfied with an examiner’s rejection of a claim in reexamination may proceed with a two-step appeals process. First, pursuant to 35 U.S.C. 134(b) (2002), a patent owner in any reexamination proceeding may appeal from the final rejection of any claim by the primary examiner to the Board. If the patent owner is dissatisfied with the Board’s final decision, the patent owner may appeal the decision to the Federal Circuit, 35 U.S.C. 141.
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