From Chanbond's motions to dismiss: Our lawyers are very busy lately
III. ARGUMENT A. There Is No Statutory Basis for This Court’s Jurisdiction to Review the Board’s Denial of Institution This is an issue of settled law. Congress unambiguously defined the scope of this Court’s appellate jurisdiction by the language of 35 U.S.C. § 319, which only provides for appeal of a “final written decision of the Patent Trial and Appeal Board under section 318(a).” Because the Board in the proceedings below denied institution of trial under Section 314(a), and not under Section 318(a), the Court does not have jurisdiction to review that decision.
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