Case: 24-2371 Document: 23 Page: 1 Filed: 09/12/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ PERCEPT TECHNOLOGIES INC., Appellant v. COKE MORGAN STEWART, Acting Under Secre- tary of Commerce for Intellectual Property and Act- ing Director of the United States Patent and Trademark Office, Intervenor ______________________ 2024-2371 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2023- 00495. ______________________ ON MOTION ______________________ Before REYNA, HUGHES, and STOLL, Circuit Judges.

STOLL, Circuit Judge.

ORDER The Acting Director of the United States Patent and Trademark Office moves unopposed to waive Federal Case: 24-2371 Document: 23 Page: 2 Filed: 09/12/2025

2 PERCEPT TECHNOLOGIES INC. v. STEWART

Circuit Rule 27(f) and remand this appeal to the USPTO.

In particular, the Acting Director states that the underly- ing decision “provides no reasoning as to how the prior art meets [a disputed] claim limitation under any of the peti- tioner’s asserted grounds” and asks for remand “for the agency to issue a revised decision,” “which may moot the need for an appeal or, in the alternative, will likely stream- line the issues on appeal.” ECF No. 19 at 2, 4.

Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded to the USPTO for further proceedings consistent with the motion and this order. This court takes no position on whether the decision should be revised. (2) Each party shall bear its own costs as to this ap- peal.

FOR THE COURT

September 12, 2025 Date ISSUED AS A MANDATE: September 12, 2025