Opinion
No. 2009-1223.
October 14, 2009. Rehearing Denied November 10, 2009.
On Appeal from the United States Patent and Trademark Office Board of Patent Appeals and Interferences, Nos. 10/951,-076.
Russell D. Culbertson, The Culbertson Group, PC, of Austin, TX, argued for appellant.
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 Joseph G. Piccolo, Associate Solicitor.
RADER, ARCHER, and GAJARSA, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.