In re Distefano

Federal Circuit

In re Distefano

562 F. App'x 984

CourtCourt of Appeals for the Federal Circuit

DecidedJune 4, 2014

DocketNo. 2014-1130

StatusPublished

Cited by2 cases

This text of 562 F. App'x 984 (In re Distefano) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Distefano, 562 F. App'x 984 (Fed. Cir. 2014).

Pincite

Opinion

ON MOTION

ORDER

NEWMAN, Circuit Judge.

The Deputy Director of the United States Patent and Trademark Office (PTO) moves to waive the requirements of Federal Circuit Rule 27(f) and to remand this case to the PTO for further proceedings before the agency. Thomas L. DiStefano III opposes.

The PTO concedes that the Board erred in failing to designate its decision as a new ground of rejection and that DiStefano will be able to request rehearing before the Board or reopen prosecution on remand as to the new ground of rejection.

Accordingly,

It IS ORDERED THAT:

(1) The motion is granted. This appeal is remanded for further proceedings consistent with this order.

(2) Each side shall bear its own costs.

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