With the TMS Spell Now Broken, Should CAFC Recess.

As several past posts here have noted, the CAFC decided practically no cases involving obviousness during the 5 months since the oral arguments to the Supreme Court in the KSR case.  From that, one may presume that there’s a backlog of undecided obviousness cases at the CAFC clerk’s office.

Is it reasonable to predict that a form of remand order, “for review in light of” the KSR case, will be issued?  The mental picture is a PC with the form order, doing a mail-merge with a list of pending appeals, connected to printer printing remand orders and envelopes, and a group of clerks stuffing and sending them. Recess?

Or, is it reasonable to think that the CAFC will take and actually issue a ruling in the remanded KSR case?  IMO, the CAFC may let the district courts take a second look at the pending cases, before doing as the Supremes mandated, and going forward with “further proceedings consistent with” the KSR opinion.