Opinion
2012-1584 2012-1585
12-27-2012
REXNORD INDUSTRIES, LLC, Appellant, v. DAVID J. KAPPOS, DIRECTOR UNITED STATES PATENT AND TRADEMARK OFFICE, Appellee, v. HABASIT BELTING, INC. (NOW KNOWN AS HABASIT AMERICA INC.), Cross-Appellant.
NOTE: This order is nonprecedential.
(Reexamination No. 95/000,071)
Appeals from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences.
ON MOTION
Before NEWMAN, PROST, and WALLACH, Circuit Judges. WALLACH, Circuit Judge.
ORDER
The Director of the United States Patent and Trademark Office moves to dismiss Rexnord's appeal for lack of jurisdiction. Rexnord responds.
Rexnord filed this appeal seeking review of a non-final decision by the Board of Patent Appeals and Interferences, which had initially and mistakenly been marked "final." That decision included a new ground of rejection against certain of the patentee's claims. The Board changed its designation of the decision after Rexnord filed the appeal.
The Director argues that this court lacks jurisdiction to review an appeal of a non-final decision by the Board. We agree. See, e.g., In re Makari, 708 F.2d 709 (Fed. Cir. 1983). Rexnord may seek review from a final Board decision if appropriate.
Accordingly,
IT IS ORDERED THAT:
The motion to dismiss is granted. The appeals are dismissed. Each side shall bear its own costs.
FOR THE COURT
___________
Jan Horbaly
Clerk
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