NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ IN RE ALLEN BERGER, JR. ______________________ 2013-1473 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board, in Serial No. 10/822,079. ______________________ JUDGMENT ______________________ JESUS SANCHELIMA, Sanchelima & Associates, P.A., of Miami, Florida, argued for appellant.

JOSEPH MATAL, Associate Solicitor, United States Pa- tent and Trademark Office, of Alexandria, Virginia, argued for appellee. With him on the brief were NATHAN K. KELLEY, Solicitor, and COKE MORGAN STEWART, Associ- ate Solicitor.

ANDREW BLAIR-STANEK, University of Maryland, Francis King Carey School of Law, of Baltimore, Mary- land, amicus curiae. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

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

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

March 18, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court