NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

IN RE CRAIG M. SAUNDERS, LINDSEY TUFTS, JR., AND DAVID J. BOLL

____________________

2010-1529 ______________________

Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences in Serial No. 10/858,224. ______________________

JUDGMENT ______________________

ALAN S. KELLMAN, Desmarais, LLP, of New York, New York, argued for appellant. With him on the brief were JOHN M. DESMARAIS and JASON BERREBI.

BRIAN T. RACILLA, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With him on the brief were RAYMOND T. CHEN, Solicitor JANET A. GONGOLA and KRISTI L.R. SAWERT, Associate Solicitors. Of counsel was FRANCES M. LYNCH, Associate Solicitor. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LINN, PROST, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

December 13, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk