       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

              HITACHI KOKI CO., LTD.,
                 Plaintiff-Appellant,

                           v.

   DAVID J. KAPPOS, DIRECTOR, PATENT AND
             TRADEMARK OFFICE.,
                Defendant-Appellee.
               ____________________

                      2009-1548
                ______________________

    Appeal from the United States District Court for the
District of Columbia in No. 07-CV-1504, Judge Ellen S.
Huvelle.
                 ______________________

                     JUDGMENT
                ______________________

   PAUL DEVINSKY, McDermott, Will & Emery LLP, of
Washington, DC, argued for plaintiff-appellant. With
him on the brief were Bureden J. Warren, Charles J.
Hawkins and Isaac S. Crum.

    JOSEPH G. PICCOLO, United States Patent &
Trademark Office, of Alexandria, Virginia, 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 (GAJARSA, MAYER, and MOORE, Circuit
Judges).


           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



October 14, 2010        /s/ Jan Horbaly
Date                        Jan Horbaly
                               Clerk
