NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit BRUCE SEARLE, Appellant, V. HOWARD BERGER CO., INC., Appellee.

201 1- 1 130 (Cance1lati0n N0. 92051539) Appea1 from the United Stat;es Patent and Trademark OfEce, Traden1ark Tria1 and Appea1 B0ard.

ON MOTION R D E R Up0n consideration of Bruce Sear1e’s motion to with- draw hiS appeal, 1 IT ls OR1;)ERE1) THAT: (1) The motion is granted The appeal is diSIniSSed.

SEARLE V. HOWARD BERGER CO (2) Each side shall bear its own costs.

FOR THE COURT 8 /s/ Jan Horba1__\[ Date J an Horba1y Clerk cc: Maureen B. Gorman, Esq.

Wil1iam J. Spatz, Esq. s20 ISSUED AS A MANDATE: JAN 28 2011 FlLED U.S. COURT 0F FPPEALS FOR THE FEDERAL C!RCUIT JM|_2B2U1! .|AN Hi3RBALY CE.ERK