       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

              DENNIS L. SCHMIRLER,
                Plaintiff-Appellant,

                           v.

   DAVID J. KAPPOS, UNDER SECRETARY OF
  COMMERCE FOR INTELLECTUAL PROPERTY
  AND DIRECTOR, UNITED STATES PATENT AND
            TRADEMARK OFFICE,
               Defendant-Appellee.
              ____________________

                      2012-1078
                ______________________

   Appeal from the United States District Court for the
Eastern District of Wisconsin in No. 10-CV-0144, Judge
Lynn Adelman.
                 ______________________

                     JUDGMENT
                ______________________

   GARET K. GALSTER, Ryan Kromholz & Manion, S.C., of
Milwaukee, Wisconsin, argued for plaintiff-appellant.

   THOMAS W. KRAUSE, Associate Solicitor, United States
Patent and Trademark Office, of Alexandria, Virginia,
argued for defendant-appellee. With him on the brief
were RAYMOND T. CHEN, Solicitor, and FRANCES M.
LYNCH, Associate Solicitor.
                ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (RADER, Chief Judge, PROST and REYNA,
Circuit Judges).


            AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



September 6, 2012            /s/ Jan Horbaly
      Date                      Jan Horbaly
                                    Clerk
