NoTE: This order is nonprecedential. Gnited States Court of Appeals
for the federal Circuit
SRAM LLC,
Appellant,
Vv.
DAVID J. KAPPOS, DIRECTOR
UNITED 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 Trademark OfÏce, Board of Patent Appeals and Interferences.
ON MOTION
Before NEWMAN, LOURIE, and O'MALLEY, Circuit Judges.
2SRAM 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 OfÏce 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 2012 /si Jan Horbaly
Date Jan Horbaly
Clerk
cc: Richard B. Walsh, Jr., Esq.
James A. Deland, Esq. Raymond T. Chen, Esq. LEDrs
us gue
so