Federal Circuit disposition — 2010-1222

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

(Reexamination No. 90/008,853)
IN RE LIZY KURIAN JOHN

2010-1222

Appeal from the United States Patent and Trademark
Office.

ON MOTION

Before RADER, FRIEDMAN, and GAJARSA, Circuit Judges.
GAJARSA, Circuit Judge.

ORDER

The Director of the United States Patent and Trade-
mark Office 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
Office denying John's petition requesting that the Direc-
tor vacate or dismiss a reexamination order. Proceedings

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IN RE JOHN

are ongoing at the Board of Patent Appeals and Interfer-
ences.

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) (no 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

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Michael F. Campillo, Esq.
Raymond T. Chen, Esq.
s20

Issued as a mandate:

MAY 1 9 2010

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 1 9 2010

JAN HORBALY
CLERK