Opinion
2012-1025 Reexamination No. 90/008,491
02-06-2012
IN RE HISAMITSU CO., INC., Appellant.
NOTE: This order is nonprecedential.
Appeal from the United States Patent and Trademark
Office, Board of Patent Appeals and Interferences.
ON MOTION
Before LOURIE, PROST, and MOORE, Circuit Judges. MOORE, Circuit Judge.
ORDER
The appellants move without opposition to reform the caption. The parties also jointly move to remand for further proceedings.
The parties' motion states that the appellant filed a petition seeking review by the Chief Administrative Patent Judge, but filed its notice of appeal prior to the Chief Judge being able to act on the petition. The court agrees with the parties that remand is appropriate to allow the Chief Judge to act on the petition.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to reform the caption is granted. The revised official caption is reflected above.
(2) The motion to remand for further proceedings is granted.
(3) Each side shall bear its own costs.
FOR THE COURT
_______________
Jan Horbaly
Clerk
cc: Ronald C. Harris, Jr., Esq.
Raymond T. Chen, Esq.
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Issued As A Mandate: FEB 06 2012