Federal Circuit disposition — 2010-1060

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

2010-1060
(Serial No. 09/830,306)

IN RE DAVID JOHN BENJAMIN PEARCE and JON ALASTAIR GIBBS,
Appeal from the United States Patent and Trademark Office, Board of
Patent Appeals and Interferences.

ON MOTION

Before MICHEL, Chief Judge, FRIEDMAN and LINN, Circuit Judges.
LINN, Circuit Judge.

ORDER

The Director of the Patent and Trademark Office moves without opposition to
remand this appeal for further proceedings.

John Benjamin Pearce et al. (Pearce) appeal from a decision of the United
States Patent and Trademark Office, Board of Patent Appeals and Interferences that
reversed rejections of certain claims but failed to address all the claims for which
Pearce had requested rehearing. In the papers submitted, the Director concedes that
the Board should have addressed these claims. We agree. Because the Board should
have addressed all the claims on rehearing presented by Pearce, we vacate the Board
decision and the case is remanded for the Board to address all claims properly raised
below. See In re Beaver, 893 F.2d 329, 330 (Fed. Cir. 1989) (vacating decision for
failure to address all claims raised before the Board).

Accordingly,

IT IS ORDERED THAT:

(1) The decision is vacated and the case is remanded for further proceedings
consistent with this order.

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(2)
Each side shall bear its own costs.

FOR THE COURT

MAR 2 4 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

CC:

Lawrence John Chapa, Esq.

Raymond T. Chen, Esq.

s19

ISSUED AS A MANDATE:

MAR 2 4 2010

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAR 2 4 2010

JAN HORBALY
CLERK

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