Appeals at the Board “shall be heard by at least 3 members of the [Board], who shall be designated by the Director.” 35 U.S.C. § 6(c). “Only the [Board] may grant rehearings.” Id. Accordingly, the ARP shall consist of three members.
The Board includes the Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges. 35 U.S.C. § 6(a).
The ARP is selected by the Director impartially and, by default, consists of the Director, the Commissioner for Patents, and the Chief Judge of the Patent Trial and Appeal Board.