Bosch Automotive Service Solutions, LLC v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
BOSCH AUTOMOTIVE SERVICE SOLUTIONS,
LLC,
Appellant
v.
ANDREI IANCU, UNDER SECRETARY OF
COMMERCE FOR INTELLECTUAL PROPERTY
AND DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE,
Intervenor
______________________
2015-1928
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. IPR2014-
00183.
______________________
ON PETITION FOR PANEL REHEARING
______________________
Before N EWMAN, CHEN, and HUGHES , Circuit Judges.
P ER CURIAM .

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BOSCH AUTOMOTIVE SERVICE v. IANCU 2
O R D E R
The United States Patent and Trademark Office peti-
tions for panel rehearing of this court’s December 22,
2017 opinion, seeking to “clarify a sentence in its prece-
dential opinion that could give rise to needless misunder-
standings in the future.” Specifically, the USPTO raised
the concern that the court’s opinion could be read, incor-
rectly, to have interpreted 35 U.S.C. 316(e). Bosch Auto-
motive Service Solutions, LLC responded, in a way that
supported the USPTO’s view that the opinion could be
improperly misread. To avoid that unnecessary possibil-
ity, we grant the petition for the limited purpose of
amending our earlier opinion.
The sentence beginning at page 22, line 29 is amend-
ed to read: “Rather, the petitioner bears the burden of
proving that the proposed amended claims are unpatent-
able by a preponderance of the evidence.”
Accordingly,
I T I S O RDERED T HAT :
The petition is granted to the limited extent noted
above.
F OR THE COURT
March 15, 2018 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court

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