In Re GOOGLE LLC , No. 22-1611 (Fed. Cir. 2022)
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Case: 22-1611 Document: 11 Page: 1 Filed: 09/16/2022 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ In re: GOOGLE LLC, Appellant ______________________ 2022-1611 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 15/487,516. ______________________ ON MOTION ______________________ Before LOURIE, CHEN, and STARK, Circuit Judges. PER CURIAM. ORDER The Director of the United States Patent and Trademark Office moves unopposed to remand for further proceedings. The Patent Trial and Appeal Board affirmed the examiner’s rejection of claims in Google LLC’s patent application, finding certain claim limitations were conditional and that the examiner did not need to present evidence of anticipation of those limitations under the Board’s precedential decision in Ex Parte Schulhauser, No. 2013-007847, 2016 WL 6277792 (P.T.A.B. Apr. 28, 2016). Case: 22-1611 Document: 11 Page: 2 Filed: 09/16/2022 IN RE: GOOGLE LLC 2 In her motion, the Director states that the Board’s determination was erroneous and seeks remand for additional proceedings. Without taking a position on the underlying merits, we agree that remand is proper and could preserve party and judicial resources. Accordingly, IT IS ORDERED THAT: (1) The motion is granted, and the matter is remanded to the Board for further proceedings. (2) Each side shall bear its own costs. FOR THE COURT September 16, 2022 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court ISSUED AS A MANDATE: September 16, 2022
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