INRE: EMADELDIN HASSAN , No. 13-1287 (Fed. Cir. 2013)
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Case: 13-1287 Document: 24 Page: 1 Filed: 08/02/2013 NOTE: This order is nonprecedential.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, Circuit Judges. BRYSON, Circuit Judge. ORDER 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 Case: 13-1287 Document: 24 Page: 2 Filed: 08/02/2013 2 IN RE EMADELDIN HASSAN 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
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