NOTE: This order is nonprecedential.

Wniteb ~tate~ ([ourt of ~peal~ for tbe jfeberal ([ircuit IN RE GERALD M. BENSON AND KENNETH L.

SMITH

2011-1311 (Serial No. 11/061,327)

Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferem::es.

IN RE GERALD M. BENSON AND KENNETH L.

SMITH

2011-1312 (Serial No. 09/515,978)

Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences.

ON MOTION

ORDER INREBENSON 2 The appellants move without opposition to consolidate these two cases for briefing and oral argument.

Because separate opening briefs were filed by the appellants, we deem the better course is to treat the cases as compamon cases.

Accordingly, IT IS ORDERED THAT: The motion to consolidate is denied. The cases will be treated as companion cases, i.e., they will be argued consecutively before the same merits panel.

FOR THE COURT

,Rll 2 9 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk cc: Sandra K. Nowak, Esq.

Raymond T. Chen, Esq. FILED U. COURT OF APPEALS FOR s20 THE FEDERAL CIRCUIT JUL 292011 JANHORBALY ClERK