35 U.S.C. § 145 : US Code - Section 145: Civil action to obtain patent

      An applicant dissatisfied with the decision of the Board of
    Patent Appeals and Interferences in an appeal under section 134(a)
    of this title may, unless appeal has been taken to the United
    States Court of Appeals for the Federal Circuit, have remedy by
    civil action against the Director in the United States District
    Court for the Eastern District of Virginia if commenced within such
    time after such decision, not less than sixty days, as the Director
    appoints. The court may adjudge that such applicant is entitled to
    receive a patent for his invention, as specified in any of his
    claims involved in the decision of the Board of Patent Appeals and
    Interferences, as the facts in the case may appear and such
    adjudication shall authorize the Director to issue such patent on
    compliance with the requirements of law. All the expenses of the
    proceedings shall be paid by the applicant.