Opinion
No. 2008-1421.
April 3, 2009.
On Appeal from the United States Patent and Trademark Office Board of Patent Appeals and Interferences. Re-examination No. 90/006,696.
David Fink, Fink Johnson, of Houston, TX, argued for appellant.
William LaMarca, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and Nathan K. Kelley, Associate Solicitor.
LOURIE, RADER, and DYK, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.