NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

IN RE JAMES W. BIONDI and AARON FAND (Real Party in Interest Cardiopulmonary Corporation) ____________________

2012-1300 (Serial No. 10/984, 186) ______________________

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

JUDGMENT ______________________

JOHN J. COTTER, K&L Gates LLP, of Boston, Massachusetts, argued for appellants. With him on the brief was THOMAS A. TURANO.

MEREDITH H. SCHOENFELD, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were RAYMOND T. CHEN, Solicitor, NATHAN K. KELLEY and ROBERT J. MCMANUS, Associate Solicitors. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (NEWMAN, PROST, and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

December 21, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk