NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
IN RE EMADELDIN M. HASSAN, AQEEL A. FATMI,
AND NACHIAPPAN CHIDAMBARAM
2013-1287
Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Serial No. 10/529,984.
ON MOTION
Before RADER, Chief Judge, BRYSON and WALLACH, Cir-
cuit Judges.
O R D E R
The parties jointly move to waive the requirements of Fed. Cir. R. 27(f) and to remand to the Patent Trial and Appeal Board (Board) to reconsider the opinion currently on appeal and the pending claims.
The Board rejected the claims in the patent application at issue as obvious over prior art Okajima in combination with other references. We agree with the parties that the Board’s decision attributes to Okajima a teaching
2IN RE EMADELDIN HASSAN 2 of soft capsules without analysis or discussion of Okajima’s repeated references to hard capsules. For at least this reason, remand is appropriate.
Accordingly, IT IS ORDERED THAT:
(1) The motion to remand is granted. (2) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole Clerk
s26 ISSUED AS A MANDATE: August 2, 2013