If, after your claims you wrote for a patent have been rejected twice (same claims)
AND you then decide to appeal within the Patent Office to the PTAB (Patent Trials and Appeals Board)
and you STILL get turned down on appeal, it USED TO BE that your only next step was an appeal
in the CAFC (Court of Appeals of the Federal Circuit) and maybe the Supremes after that.
But that was when the Patent office was located in Washington DC. Now that the US Patent office
has relocated to Alexandria Virginia, (hint: a STATE) you have another avenue before trying to hit up
the CAFC. You get to sue the Patent Office in District Court - the EDVA (Eastern District Court
of Virginia.)
Cool thing about the EDVA is that unlike the CAFC which are a bunch of government gumbies who
tend to side with the Patent Office 9 times out of 10, ("They're Government - we're Government -
they know what they're doing - Back to your hovel, citizen!") in the EDVA you have a *chance* at
getting a jury of regular folks to evaluate the case.
They don't give a terminal orifice of a rodent's alimentary canal about patent law, and they might
give you and your client a fair shake...