What determination made by the Director is considered final and nonappealable?

The determination made by the Director that is considered final and nonappealable is the finding that no substantial new question of patentability was raised. This judgment is significant because it reflects the Director's discretion in assessing whether the information presented in a request for continued examination, reexamination, or other proceedings meets the threshold necessary to warrant reconsideration of the patentability of an already granted patent.

When it comes to patent examinations, the requirement for a substantial new question of patentability serves as a gatekeeping measure. If the Director concludes that this substantial new question does not exist, that decision is final, meaning that the applicant does not have an avenue to appeal that specific determination. This finality maintains the efficiency of the patent examination process by preventing unnecessary delays that could be caused by ongoing appeals regarding the same issue.

Additionally, other options such as rulings on extensions and decisions regarding patent application reviews are typically subject to further review or appeal processes, which indicates they do not carry the same finality as the determination concerning the substantial new question of patentability. This distinction is crucial for applicants to understand, as it impacts their ability to challenge decisions and the strategies they may pursue in their patent applications or reexaminations.