NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

SPECIALTY FERTILIZER PRODUCTS, LLC, Appellant

v.

SHELL OIL COMPANY, Appellee

JOSEPH MATAL, PERFORMING THE FUNCTIONS AND DUTIES OF THE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, Intervenor ______________________

2016-2347 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 95/002,388. ______________________

JUDGMENT ______________________

JOHN M. COLLINS, Hovey Williams LLP, Overland Park, KS, argued for appellant. Also represented by SCOTT R. BROWN, MATTHEW B. WALTERS. HENRY A. PETRI, JR., Polsinelli PC, Washington, DC, argued for appellee. Also represented by JASON W. BRYAN, Houston, TX.

PHILIP J. WARRICK, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by NATHAN K. KELLEY, FARHEENA YASMEEN RASHEED, SCOTT WEIDENFELLER. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (MOORE, CHEN, and STOLL, Circuit Judg- es). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

November 8, 2017 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court