Pro se appellant outmaneuvers TTAB

Super Bakery, Inc. (Super Bakery) filed a Petition for Cancellation of U.S.
Registration No. 2,966,255, owned by Mr. Benedict, on July 25, 2007. Mr.
Benedict did not comply with discovery requests but did file a summary
judgment motion. The TTAB rendered a default judgment based on
discovery noncompliance against Mr. Benedict, who appealed to the CAFC.

The key part of the CAFC decision:

Hence, if [pro se appellant] Mr. Benedict is correct that his filing of the summary
judgment motion does suspend his discovery obligations, “proceedings [including his
discovery obligations] will be resumed” if the case is not disposed of as a result of the
motion.

The Board did not discuss the applicability of 37 C.F.R. § 2.127(d) to the facts of
this case in its decision. Rather than rule on the applicability of § 2.127(d) in the first
instance, we vacate and remand to the Board.

Accordingly, we vacate the Board’s decision and remand this case to the Board.