Parties jointly move to waive FRCP 27(f); case goes back to PTAB
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 application at issue as obvious over prior art Okajima in combination with other references. We agree with the parties that the Board’s decision attributes to Okajima a teaching
of soft capsules without analysis or discussion of Okajima’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.