Opinion
No. 2007-1069.
September 17, 2007.
On Appeal from United States Patent and Trademark Office, Board of Patent Appeals and Interferences. Serial No. 10/145,408.
Mirut Dalai, McAndrews, Held Malloy, Ltd., of Chicago, IL, argued for appellant. With him on the brief was Christopher C. Winslade.
Sydney O. Johnson, Jr., Associate Solicitor, Solicitor's Office, United States Patent and Trademark Office, of Arlington, VA, argued for appellee. Of counsel were Stephen Walsh, Acting Solicitor and Thomas W. Krause, Associate Solicitor.
Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.
JUDGMENT
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED: AFFIRMED. See Fed. Cir. R. 36.