SRAM LLC v. Kappos

Full title: SRAM LLC, Appellant, v. DAVID J. KAPPOS, DIRECTOR UNITED STATES PATENT AND…

Court: United States Court of Appeals for the Federal Circuit

Date published: Jun 21, 2012

2012-1146 (Fed. Cir. Jun. 21, 2012)

Opinion

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

06-21-2012

SRAM LLC, Appellant, v. DAVID J. KAPPOS, DIRECTOR UNITED STATES PATENT AND TRADEMARK OFFICE, Appellee, AND SHIMANO, INC., Appellee.

NEWMAN

NOTE: This order is nonprecedential.

Appeals from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences.

ON MOTION

Before NEWMAN, LOURIE, and O'MALLEY, Circuit Judges. NEWMAN, Circuit Judge.

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

______________

Jan Horbaly

Clerk
cc: Richard B. Walsh, Jr., Esq.

James A. Deland, Esq.

Raymond T. Chen, Esq.
s24