Case: 13-1562 Document: 17 Page: 1 Filed: 04/16/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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IN RE DANIELLE RENEE FORGET SHIELD
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2013-1562
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Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Serial No.
10/799,826.
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ON MOTION
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Before PROST, O’MALLEY, and TARANTO, Circuit Judges.
PER CURIAM.
ORDER
The Director of the United States Patent and Trade-
mark Office moves to waive the requirements of Fed. Cir.
R. 27(f) and to remand to the Patent Trial and Appeal
Board for further proceedings. Danielle Renee Forget
Shield opposes. The Director replies.
The primary issue on appeal is whether the Board
erred in affirming the examiner’s rejection of the repre-
sentative claim as obvious under 35 U.S.C. § 103. Specifi-
cally, Shield challenges the Board’s reliance on the Kasik
reference as teaching the “adapted to” element of the
claim.
Case: 13-1562 Document: 17 Page: 2 Filed: 04/16/2014
2 IN RE DANIELLE SHIELD
The Director notes that the Board did not make a
finding about whether the reference teaches that limita-
tion. Rather, the Director states that the Board mistak-
enly concluded that Shield had not challenged the
limitation and only on that basis accepted the limitation
as present in the art. The Director concedes that the
Board’s current rationale is incomplete and could not be
adequately reviewed or defended because it lacks ade-
quate findings. As a result, the Director seeks a remand
so the Board can take appropriate action. We agree with
the Director’s reading of the Board decision. As a result,
we remand for the Board to reassess its obviousness
analysis in light of the Director’s concession of error.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The Board’s decision is
vacated and the case is remanded for further proceedings
consistent with this order.
(2) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s25
ISSUED AS A MANDATE: April 16, 2014
