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           NOTE: This order is nonprecedential.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
