Federal Circuit disposition — 2011-1311

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

IN RE GERALD M. BENSON AND KENNETH L.
SMITH

2011-1311
(Serial No. 11/061,327)

Appeal from the United States Patent and Trademark
Office, Board of Patent Appeals and Interferences.

IN RE GERALD M. BENSON AND KENNETH L.
SMITH

2011-1312
(Serial No. 09/515,978)

Appeal from the United States Patent and Trademark
Office, Board of Patent Appeals and Interferences.

ON MOTION

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IN RE BENSON

Before RADER, Chief Judge, DYK and O'MALLEY, Circuit
Judges.

O'MALLEY, Circuit Judge.

ORDER

The Director of the United States Patent and Trade-
mark Office 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 re-
mand, 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

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 2 8 2011

JAN HORBALY
CLERK

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3
cc: Sandra K. Nowak, Esq.
Raymond T. Chen, Esq.
s19

Issued As A Mandate:

NOV 2 8 2011