PGR examination that a substitute claim is patentable, and the time for appeal has expired or any appeal proceeding has terminated, the Director shall issue and publish a certificate incorporating in the patent the substitute claim. (F) Intervening rights Any substitute claim determined to be patentable and incorporated into a patent following an expedited PGR examination shall have the same effect as that specified in section 252 for reissued patents on the right of any person who made, purchased, or used within the United States, or imported into the United States, anything patented by the substitute claim, or who made substantial preparation therefor, prior to issuance of a certificate under subparagraph (E). . (2) Technical and conforming amendments (A) Expedited PGR examination appeals (i) Appeals to Patent Trial and Appeal Board Section 134 of title 35, United States Code, is amended by adding at the end the following: (c) Patent owner in expedited examination A patent owner may appeal from the final rejection of any substitute claim by the primary examiner in an expedited PGR examination under section 326A(d) to the Patent Trial and Appeal Board, having once paid the fee for such appeal. . (ii) Appeals to Federal Circuit Section 141 of title 35, United States Code, is amended— (I) by redesignating subsections (c) and (d) as subsections (d) and (e)