The third party requester may seek review by a petition to the Director under §1.181 within one month of the mailing date of the examiner's determination refusing to order inter partes reexamination. Any such petition must comply with §1.181(b). If no petition is timely filed or if the decision on petition affirms that a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the request has not been established, the determination shall be final and nonappealable.

[76 FR 59058, Sept. 23, 2011]