IN RE JOHN NICHOLAS GROSS 2014-1073 Appeal from the United States Patent v. Rea, 731 F.3d 1248 Fed. Cir. 2013 , the parties’ joint motion to remand the case for…

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
IN RE JOHN NICHOLAS GROSS
______________________
2014-1073
______________________
Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. 10/770,937.
______________________
ON MOTION
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Before P ROST , O’M ALLEY , and T ARANTO, Circuit Judges.
T ARANTO, Circuit Judge.
O R D E R
The parties jointly move to remand this appeal for
further proceedings before the Patent Trial and Appeal
Board.
A Board decision sustained the examiner’s rejection of
various claims of John N. Gross’s patent application as
obvious over a combination of prior art references. After
the Board’s decision, Gross requested a rehearing arguing
that the Board’s decision constituted a new ground of
rejection. The Board disagreed and denied the rehearing.
Gross timely appealed to this court.
Case: 14-1073 Document: 19 Page: 1 Filed: 03/27/2014

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IN RE JOHN GROSS 2
The parties state that Gross now intends to raise the
new ground of rejection issue on appeal. Because this
court agrees with the parties that it would be best for all
involved to remand this case to the Board for reconsidera-
tion of Gross’s new ground of rejection argument in light
of Rambus Inc. v. Rea, 731 F.3d 1248 (Fed. Cir. 2013), the
parties’ joint motion to remand the case for additional
proceedings is granted.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. The Board’s decision is
vacated and the case is remanded for additional proceed-
ings consistent with this order.
(2) Each side shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26
ISSUED AS A MANDATE: March 27, 2014
Case: 14-1073 Document: 19 Page: 2 Filed: 03/27/2014

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