Nove: This order is nonprecedential. Gnited States Court of Appeals
for the federal Circuit
IN RE GERALD M. BENSON anp KENNETH L.
SMITH .
2011-1311
(Serial No. 11/061,327)
Appeal from the United States Patent and Trademark OfÏce, Board of Patent Appeals and Interferenees.
IN RE GERALD M. BENSON AnD KENNETH L.
SMITH
2011-1312
(Serial No. 09/515,978)
Appeal from the United States Patent and Trademark OfÏce, Board of Patent Appeals and Interferences.
ON MOTION
2IN RE BENSON 2 Before RADER, Chief Judge, DYK and O'MALLEY, Circuit
Judges.
ORDER
The Director of the United States Patent and Trademark OfÏce and the appellants jointly move to remand these appeals for further proceedings.
The Director concedes that decisions of the Board of Patent Appeals and Interferences omitted “not” in the final sentence of the claim construction section, such that it should have read “and not otherwise surrounded to any extent by replicated substrate 70.” The Director also states that the Board has confirmed that the omissions were in error and create inconsistencies within their respective decisions.
Because the appellants’ opening briefs rely on these omissions and the appellants join these motions for remand, we grant the motions to allow the Board to issue corrected decisions. If the appellants timely appeal those corrected decisions, the docketing fees for those appeals will be waived.
Accordingly, It Is ORDERED THAT: The motions are granted for the limited purpose of remanding these appeals to allow the Board to correct the above-noted omissions.
For THE COURT NOV 2 8 2011 /si Jan Horbaly
Date Jan Horbaly
Clerk
FILED .
ws, couRt oe Pps FoR
NOV 2 8 2011
JAN HORBALY
CLERK
33 IN RE BENSON ce: Sandra K. Nowak, Esq.
Raymond T. Chen, Esq.
819 Issued As A Mandate: __ NOV 28 2011