(Reminder: We don't know many things. We especially don't know Patent.)
Agency decision presenting both non-instituted claims and rulings on instituted claims and grounds is sufficiently final for judicial review.
Erroneous non-institution is waiveable, and presents no sua sponte obligation in subsequent judicial review.
(Again, completely guessing here.)
Board decision on motivation to combine prior art was reasonable.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2470.Opinion.6-6-2018.1.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.