CAFC: refusal to terminate re-exam is not a final agency action

AMS sued Crane in district court for infringement of four patents. Crane instituted inter partes re-exam on each.
There was a settlement of validity but no infringement. The PTO declined to stop the re-exams.

The CAFC upheld the PTO, finding that the refusal was not a final agency action,

Case is AMS vs. Lee.
Link: http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-1728.Opinion.4-8-2015.1.PDF