NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ THOMAS J. YORKEY, Appellant, v. MOHAMED K. DIAB, ESMAIEL KIANI- AZRBAYJANY, IBRAHIM M. ELFADEL, REX J.

MCCARTHY, WALTER M. WEBER, and ROBERT A.

SMITH, Appellees. ____________________ 2011-1360 (Interference No. 105,471) ______________________ Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences. ______________________ JUDGMENT ______________________ LAURENCE S. ROGERS, Ropes & Gray, of New York, New York, argued for appellant. With him on the brief was STUART W. YOTHERS.

JOSEPH R. RE, Knobbe, Martens, Olson & Bear, LLP, of Irvine, California, argued for appellees. With him on the brief were BRENTON R. BABCOCK and JAROM D.

KESLER. Of counsel was IRFAN A. LATEEF. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (PROST, REYNA, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

March 9, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk