Opinion
No. 2009-1569.
April 12, 2010.
On Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences, No. 09/893,808.
Michael A. Hawes, Baker Botts L.L.P., of Houston, Texas, argued for appellants.
Scott C. Weidenfeller, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and William G. Jenks, Associate Solicitor. Of counsel was Nathan K. Kelley, Associate Solicitor.
Before MAYER, PLAGER, and GAJARSA, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.