Federal Circuit disposition — 13-1287

N OTE: This order is nonprecedential.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.
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ON MOTION
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Before RADER, Chief Judge, BRYSON and WALLACH , Cir-
cuit Judges.
BRYSON, Circuit Judge.
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 applica-
tion at issue as obvious over prior art Okajima in combi-
nation with other references. We agree with the parties
that the Board’s decision attributes to Okajima a teaching
Case: 13-1287 Document: 24 Page: 1 Filed: 08/02/2013

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IN RE EMADELDIN HASSAN 2
of soft capsules without analysis or discussion of Okaji-
ma’s repeated references to hard capsules. For at least
this reason, remand is appropriate.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion to remand is granted.
(2) Each side shall bear its own costs.
F OR T HE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
s26
ISSUED AS A MANDATE: August 2, 2013
Case: 13-1287 Document: 24 Page: 2 Filed: 08/02/2013

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