NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

IN RE FRANK TOPPO ______________________

2013-1077 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Serial No. 11/491,718. ______________________

JUDGMENT ______________________

SEAN A. PASSINO, Lowe Hauptman, Ham & Berner, LLP, of Alexandria, Virginia, argued for appellant. With him on the brief were BENJAMIN J. HAUPTMAN and BENJAMIN P. KOTA.

AMY J. NELSON, Associate Solicitor, United States Pa- tent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were NATHAN K. KELLEY, Deputy Solicitor, and JAMIE L. SIMPSON, Associate Solicitor. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: PER CURIAM (PROST, BRYSON, and TARANTO, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

June 13, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk