Note: This order is nonprecedential. Gnited States Court of Appeals
for the Federal Circuit
(Reexamination No. 90/008,8538)
IN RE LIZY KURIAN JOHN
2010-1222
Appeal from the United States Patent and Trademark OfÏce.
ON MOTION
Before RADER, FRIEDMAN, and GAJARSA, Circuit Judges.
ORDER
The Director of the United States Patent and Trademark OfÏce moves to dismiss Lizy Kurian John’s appeal for lack of jurisdiction. John responds. The Director replies.
John filed this appeal seeking review of a non-final decision by the Director of the Patent and Trademark OfÏce denying John's petition requesting that the Director vacate or dismiss a reexamination order. Proceedings2 IN RE JOHN 2 are ongoing at the Board of Patent Appeals and Interferences,
The Director argues that this court lacks jurisdiction to review an appeal of a decision by the Director on a petition such as this. We agree. See In re Makari, 708 F.2d 709 (Fed. Cir. 1983) (mo jurisdiction to review the decision of the Commissioner on a petition), Further, John has not demonstrated that this case should be transferred. John may seek review from a final Board decision.
Accordingly, IT IS ORDERED THAT:
(1) The motion to dismiss the appeal is granted. (2) Each side shall bear its own costs.
For THE COURT MAY 1 9 2010 /si Jan Horbal
y Date Jan Horbaly
Clerk
ce: Michael F. Campillo, Esq.
Raymond T. Chen, Esq.
s20 Issued as a mandate: MAY 19 2010