NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-1223 (Serial No. 10/951,076)

IN RE ELDON ROTH

Russell D. Culbertson, The Culbertson Group, PC, of Austin, Texas, argued for appellant.

Robert J. McManus, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and Joseph G. Piccolo, Associate Solicitor.

Appealed from: United States Patent and Trademark Office Board of Patent Appeals and Interferences NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-1223 (Serial No. 10/951,076)

IN RE ELDON ROTH

Judgment ON APPEAL from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences

In CASE NO(S). 10/951,076.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

Per Curiam (RADER, ARCHER, and GAJARSA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED October 14, 2009 Jan Horbaly Jan Horbaly, Clerk