In Re Mary K. Hays ( 2006 )

NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2006-1311
(Serial No. 10/190,039)
IN RE MARY K. HAYS
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DECIDED: December 19, 2006
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Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and MOORE, Circuit
Judge.
MOORE, Circuit Judge.
Mary K. Hays appeals the decision of the United States Patent and Trademark
Office Board of Patent Appeals and Interferences (“the Board”). The Board affirmed the
examiner’s rejection of claims 1, 3, 5, 6, 8, 9, 12-14, 16, and 18-20 in U.S. Patent
Application No. 10/190,039 under 35 U.S.C. § 102(b) as being anticipated by U.S.
Patent No. 4,475,676. Ex parte Hays, No. 06-0173 (Dec. 22, 2005). Because the
Director of the United States Patent and Trademark Office has conceded that the
Board’s decision is in error with respect to the anticipation rejection, we vacate and
remand. See In re Gould, 673 F.2d 1385, 1387 (C.C.P.A. 1982) (granting a motion for
remand where “the Commissioner has informed us, through the solicitor that the Patent
and Trademark Office (PTO) will enter a new rejection of the sole claim on
appeal…whenever it regains jurisdiction over the subject application”).