Opinion
2012-1537 Serial No. 08/478,995
10-15-2012
NOTE: This order is nonprecedential.
Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences.
ON MOTION
Before LINN, DYK, and WALLACH, Circuit Judges. DYK, Circuit Judge.
ORDER
The Director of the United States Patent and Trademark Office moves without opposition to remand this matter to the Board of Patent Appeals and Interferences to consider appellants' evidence of nonobviousness in the first instance.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to remand is granted.
(2) Each side shall bear its own costs.
FOR THE COURT
_________________
Jan Horbaly
Clerk
cc: Barbara Rudolph, Esq.
Raymond T. Chen, Esq.
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