Sram LLC v. Kappos

• Court: Court of Appeals for the Federal Circuit
• Decided: June 21, 2012
• Docket: 2012-1146
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential

United States Court of Appeals for the Federal Circuit

SRAM LLC, Appellant,

V.

DAVID J. KAPPOS, DIRECTOR UN".[TED STATES PATENT AND TRADEMARK OFFICE,

Appellee,

AND

SHIMANO, INC., Appellee.

2012-1146, -1147 (Reexamination No. 95/001,309)

Appeals from the United States Patent and Trade-

mark Office, Board of Patent Appeals and Interferences.

ON MOTION

Before NEWMAN, L0UR1E, and O’MALLEY, Circuit Judges. NEWMAN, Circu,ic Judge.

SRAM LLC V. KAPPOS 2

ORDER

SRAM, LLC moves to remand this appeal for further proceedings SRAM states that the Director of the Patent and Trademark Office consents to this motion. SRAM also moves without opposition for an extension of time to file its opening brief.

In its papers, SRAM states that the Board of Patent Appeals and Interferences erred in relying on a new ground of rejection in regard to claims 2, 6, and 7 of U.S. Patent No. 7,559,414. Because we agree with the parties’ contentions that the Board should have identified its new ground of rejection and allowed SRAM an opportunity to respond, we vacate the Board’s decision and remand for appropriate further findings See In re Leithem, 661 F.3d 1316 (Fed. Cir. 2011).

Accordingly, IT Is ORDERED THAT:

(1) The motion is granted. The Board’s decision is vacated and the matter is remanded for appropriate further findings

(2) The motion for an extension of time is moot.

FoR THE CoURT

JUN 2 1 /s/ Jan Horbal_v Date J an Horbaly Clerk cc: Richard B. Walsh, Jr., Esq. J ames A. Deland, Esq. R d T. Ch E . aymon en’ sq u.s. couni:i)'i=£al=’renrs son

524 nlsvsnenncrncurr

JUN 21 2012 JANHORBALY CI.ERK