NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit ODYSSEY LOGISTICS AND TECHNOLOGY CORPORATION, ~ Plain,tiff~Appellant, V. DAVID J. KAPPOS, DIRECTOR, __ UNITED STATES PATENT AND TRADEMARK OFFICE, Defendant-Appellee.

2011-1441 Appeal from the Unit;ed States District C0urt for the Eastern District of Virginia in case n0. 08-CV-1241, Judge Gerald Bruce Lee.

ON MOTION ORDER Odyssey L0gistics and Techn010gy C0rp0rati0n moves to withdraw its appea1.

Up0n consideration thereof IT ls ORDERE1) THAT: ODYSSEY LOGISTICS V. KAPPOS (1) The motion to withdraw is granted The appeal is dismissed. (2) Each side shall bear its own costs FOR THE COURT ncr 2 7 2011 /s/ Jan H0rbaly Date J an H0rbaly cc: R0bert M. Bauer, Esq.

Dennis C. Barghaan, Jr., Esq. s21 C1erk Issued As A Mandate: a j "__ - FlL ll u.s. comer 0FEPPEALs FOR ms renew c1Rcu1T 0CT 2 7 2011 mNnoRBA1v came