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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`NOTE: This order is nonprecedential.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.
`
`O R D E R
` 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
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`
` September 16, 2022
` Date
`
`
`ISSUED AS A MANDATE: September 16, 2022
`
`

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