       NOTE: This disposition is nonprecedential.


 United States Court of Appeals
     for the Federal Circuit
                 ______________________

      IN RE PETER KITE AND DAVID HATTON
               ____________________

                       2009-1579
                 (Serial No. 10/313,844)
                 ______________________

    Appeal from the United States Patent and Trademark
Office, Board of Patent Appeals and Interferences.
                  ______________________

                      JUDGMENT
                 ______________________

    ROBERT G. MUKAI, Buchanan Ingersoll & Rooney PC,
of Alexandria, Virginia, argued for appellants. With him
on the brief was TRAVIS D. BOONE.

    THOMAS J. KRAUSE, Associate Solicitor, Office of the
Solicitor, United States Patent and Trademark Office, of
Arlington, Virginia, argued for the Director of the United
States Patent and Trademark Office. With him on the
brief were RAYMOND T. CHEN, Solicitor, and BENJAMIN
D.M. WOOD, Associate Solicitor.
                  ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (NEWMAN, GAJARSA, and LINN, Circuit
Judges).


           AFFIRMED. See Fed. Cir. R. 36.

                       ENTERED BY ORDER OF THE COURT


 June 21, 2010             /s/ Jan Horbaly
    Date                   Jan Horbaly
                                Clerk
