IN RE AVOCENT CORP. , No. 13-1079 (Fed. Cir. 2013)
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Case: 13-1079 Document: 15 Page: 1 Filed: 04/11/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ IN RE AVOCENT REDMOND CORP. __________________________ 2013-1079 (Reexamination No. 90/010,628) __________________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. __________________________ ON MOTION __________________________ Before PROST, MOORE, and O MALLEY, Circuit Judges. MOORE, Circuit Judge. ORDER The Solicitor of the United States Patent and Trademark Office (Solicitor) moves without opposition to remand this case to the United States Patent and Trademark Office, Patent Trial and Appeal Board (Board). The Solicitor states that remand is required for the Board to address Avocent Redmond Corp. s outstanding request to reopen prosecution. Case: 13-1079 Document: 15 Page: 2 Filed: 04/11/2013 IN RE AVOCENT REDMOND CORP. 2 Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded. (2) Each side shall bear its own costs. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s26 ISSUED AS A MANDATE: April 11, 2013
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