NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

CHEMI S.P.A, LORENZO DE FERRA, AND PIETRO MASSARDO, Appellants,

v.

DAVID J. KAPPOS, DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, Appellee,

and

FIDIA FARMACEUTICI S.P.A., Appellee. ____________________

2010-1514 ______________________

Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences in Reexamination No. 95/000, 138. ______________________

JUDGMENT ______________________

ROBERT S. SILVER, Caesar, Rivise, Bernstein, Cohen & Pokotilow, LTD, of Philadelphia, Pennsylvania, for appellants. With him on the brief was JOSEPH F. MURPHY.

RAYMOND T. CHEN, Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, for appellee. With him on the brief were ROBERT J. MCMANUS and NATHAN K. KELLY, Associate Solicitors.

EUGENE T. C. PEREZ, Birch, Stewart, Kolasch & Birch, LLP, of Falls Church, Virginia, argued for appellee Fidia Farmaceutici S.P.A. With him on the brief was MARYANNE ARMSTRONG. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (BRYSON, MAYER, and GAJARSA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

June 8, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk