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NOTE: This order is nonprecedential.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
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In re: GOOGLE LLC,
Appellant
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2022-1611
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Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in No. 15/487,516.
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ON MOTION
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Before LOURIE, CHEN, and STARK, Circuit Judges.
PER CURIAM.
ORDER
The Director of the United States Patent and Trade-
mark Office moves unopposed to remand for further pro-
ceedings.
The Patent Trial and Appeal Board affirmed the exam-
iner’s rejection of claims in Google LLC’s patent applica-
tion, finding certain claim limitations were conditional and
that the examiner did not need to present evidence of an-
ticipation of those limitations under the Board’s preceden-
tial 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
2 IN RE: GOOGLE LLC
In her motion, the Director states that the Board’s de-
termination was erroneous and seeks remand for addi-
tional 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 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
ISSUED AS A MANDATE: September 16, 2022