the Secretary’s discretion, deem the appointment of an administrative patent judge who, before the date of the enactment of this subsection, held office pursuant to an appointment by the Director, to take effect on the date on which the Director initially appointed the administrative patent judge. (d) Defense To challenge of appointment It shall be a defense to a challenge to the appointment of an administrative patent judge on the basis of the judge’s having been originally appointed by the Director that the administrative patent judge so appointed was acting as a de facto officer. . (2) Technical and conforming amendment The table of sections for chapter 1 of title 35, United States Code, is amended by striking the item relating to section 6 and inserting the following new item: 6. Board of patent appeals and interferences. . (c) Appeal to the Board of Patent Appeals and Interferences (1) Amendment Section 134 of title 35, United States Code, as reinstated by section 3(a) of this Act, is amended by striking subsection (c). (2) Technical and conforming amendment The table of sections for chapter 12 of title 35, United States Code, is amended by striking the item relating to section 134 and inserting the following new item: 134. Appeal to the Board of Patent Appeals and Interferences. . (d) Appeal to the Court of Appeals for the Federal Circuit Section 141 of title 35, United States Code, is amended to read as follows: 141. Appeal to the Court of Appeals for the Federal Circuit (a) Examinations An applicant dissatisfied with the decision in an appeal to the Board of Patent Appeals and Interferences under section 134 may appeal the decision directly to the United States Court of Appeals for the Federal Circuit, or may seek review de novo in any district court of the United States of competent jurisdiction. (b) Reexaminations A patent owner who is, in a reexamination proceeding, dissatisfied with the final decision in an appeal to the Board of Patent Appeals and Interferences under section 134 may appeal the