Sram LLC v. David J. Kappos, Director United States Patent and Trademark Office

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

SRAM LLC,
Appellant,
v.
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 Trade-
mark Office, Board of Patent Appeals and Interferences.

ON MOTION

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

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## 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

JUN 2 1 2012

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Richard B. Walsh, Jr., Esq.
James A. Deland, Esq.
Raymond T. Chen, Esq.

s24

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUN 2 1 2012
JAN HORBALY
CLERK