Ex Parte Appeals
August 3, 2004 on 9:16 am | In USPTO |The USPTO has provided some stats on Ex Parte Appeals to the Board of Patent Appeals and Interferences (BPAI). Click on the link for the complete stats (including a break down of which art units are affirmed more and which are reversed more). A summary can be seen in the attached Figure.
Think that a 38.3% reversal rate is high? Consider the fact that the Ninth Circuit (recently) is seeing a 74-90% reversal rate (depending on year) from the Supreme Court.

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