NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

IN RE BARTON PATENT 533, LLC

____________________

2012-1116 (Re-examination No. 90/010,064) ______________________

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

______________________

JUDGMENT ______________________

KEITH J. GRADY, Polsinelli Shughart PC, of St. Louis, Missouri, argued for the appellant. With him on the brief were GRAHAM L. W. DAY and ROBYN H. AST.

NATHAN K. KELLEY, Deputy Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. On the brief were RAYMOND T. CHEN, Solicitor, LYNNE E. PETTIGREW and ROBERT J. MCMANUS, Associate Solicitors. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (NEWMAN, CLEVENGER, and MOORE, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 15 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk