NOTE: This order is nonprecedential. Wniteb ~tate~ ~ourt of §ppeaI~
for tbe jfeberaI ~ircutt
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.
2012-1584, -1585
(Reexamination No. 95/000,071)
Appeals from the United States Patent and Trade mark Office, Board of Patent Appeals and Interferences.
ON MOTION
Before NEWMAN, PROST, and WALLACH, Circuit Judges.
2REXNORD INDUSTRIES v. KAPPOS 2
ORDER
The Director of the United States Patent and Trade mark 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 Interfer ences, 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
/s/ Jan Horbaly Jan Horbaly Clerk
s24
DEC 21 2012
Issued As A Mandate: