In Re McNeil-PPC, Inc.

The decision of the Board of Patent Appeals (“Board”) clearly states on its face that it was “Decided: May 30, 2008.” Because McNeil did not appeal until August 1, 2008, two days after the regulatory period for review from a decision of May 30, 2008, in my view this appeal was untimely filed and is beyond our jurisdiction to review. I respectfully dissent from the majority’s contrary conclusion.

The jurisdiction of this court is statutorily limited by the timeliness regulations of the Patent and Trademark Office (“PTO”). The statute provides: “When an appeal is taken to the United States Court…