NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ IN RE AFFINITY LABS OF TEXAS, LLC ______________________ 2013-1393 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Reexamination No. 95/001,263. ______________________ JUDGMENT ______________________ CYRUS A. MORTON, Robins, Kaplan, Miller, and Ciresi, L.L.P., of Minneapolis, Minnesota, argued for appellant.

Of counsel on the brief was TIMOTHY G. NEWMAN, Larson Newman, LLP, of Austin, Texas.

SCOTT C. WEIDENFELLER, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for intervenor Commis- sioner for Patents. With him on the brief were NATHAN K.

KELLEY, Acting Solicitor, and STACY B. MARGOLIES, Asso- ciate Solicitor. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (LOURIE, DYK, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 9, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court