NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

DENNIS L. SCHMIRLER, Plaintiff-Appellant,

v.

DAVID J. KAPPOS, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, Defendant-Appellee. ____________________

2012-1078 ______________________

Appeal from the United States District Court for the Eastern District of Wisconsin in No. 10-CV-0144, Judge Lynn Adelman. ______________________

JUDGMENT ______________________

GARET K. GALSTER, Ryan Kromholz & Manion, S.C., of Milwaukee, Wisconsin, argued for plaintiff-appellant.

THOMAS W. KRAUSE, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for defendant-appellee. With him on the brief were RAYMOND T. CHEN, Solicitor, and FRANCES M. LYNCH, Associate Solicitor. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, PROST and REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

September 6, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk