In re GOOGLE LLC

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NOTE: This order is nonprecedential.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 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