Federal Circuit disposition — 14-1130

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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IN RE THOMAS L. DISTEFANO, III
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2014-1130
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Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. 10/868,312.
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ON MOTION
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Before N EWMAN, RADER, and HUGHES , Circuit Judges.
N EWMAN, Circuit Judge.
O R D E R
The Deputy Director of the United States Patent and
Trademark Office (PTO) moves to waive the requirements
of Federal Circuit Rule 27(f) and to remand this case to
the PTO for further proceedings before the agency.
Thomas L. DiStefano III opposes.
The PTO concedes that the Board erred in failing to
designate its decision as a new ground of rejection and
that DiStefano will be able to request rehearing before the
Board or reopen prosecution on remand as to the new
ground of rejection.
Case: 14-1130 Document: 20 Page: 1 Filed: 06/04/2014

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IN RE DISTEFANO 2
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. This appeal is remanded
for further proceedings consistent with this order.
(2) Each side shall bear its own costs.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s30
ISSUED AS A MANDATE: June 4, 2014
Case: 14-1130 Document: 20 Page: 2 Filed: 06/04/2014

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