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NOTE: This order is nonprecedential.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, Cir- cuit 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 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: 2 Filed: 08/02/2013

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, 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