Opinion
No. 2009-1083.
July 8, 2009. Rehearing Denied August 28, 2009.
On Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences, No. 10/852,798.
Keith M. Tackett, Patterson Sheridan, L.L.P., of Houston, TX, argued for appellant. Of counsel on the brief was B. Todd Patterson.
Robert J. McManus, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, 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.
MAYER, PROST, and MOORE, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.