NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

IN RE BUTTERCUP LEGACY, LLC ____________________

2011-1450 Reexamination No. 90/008,820 ______________________

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

JUDGMENT ______________________

JOHN M GUYNN, Workman Nydegger, of Salt Lake City, Utah, argued for appellant. Of counsel on the brief was KEVIN W. BATES, Hatch, James & Dodge, of Salt Lake City, Utah.

SCOTT C. WEIDENFELLER, Associate Solicitor, United States Patent & Trademark Office, of Alexandria, Virginia, argued for appellee. With him on the brief were RAYMOND T. CHEN, Solicitor, and WILLIAM LAMARCA, Associate Solicitor. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: PER CURIAM (DYK, CLEVENGER, and REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

March 12, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk