Opinion
No. 2008-1446.
April 10, 2009. Rehearing Denied June 9, 2009.
On Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences, 90/007,022.
Aaron W. Moore, Lowrie, Lando Anastasi, LLP, of Cambridge, Massachusetts, argued for appellant. With him on the brief were Peter C. Lando, Matthew B. Lowrie, and Nicole A. Palmer.
Thomas W. Krause, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, 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.
Before BRYSON, CLEVENGER, and LINN, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R.36.