       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________


             VITA-MIX CORPORATION,
                    Appellant,

                           v.

        DAVID J. KAPPOS, DIRECTOR,
   UNITED STATES PATENT AND TRADEMARK
                  OFFICE,
                  Appellee,

                         and,

                     K-TEC, INC.,
                      Appellee.

                 ____________________

                      2012-1024
                ______________________

    Appeal from the United States Patent and Trademark
Office, Board of Patent Appeals and Interferences in No.
95/000,339.
                 ______________________

                     JUDGMENT
                ______________________
    JEREMY W. DUTRA, Squire, Sanders & Dempsey, LLP,
of Washington, DC, argued for appellant. With him on
the brief were ALAN L. BRIGGS and RACHAEL A. HARRIS.

    AMY J. NELSON, Associate Solicitor, United States
Patent and Trademark Office, of Alexandria, Virginia,
argued for appellee United States Patent and Trademark
Office. With her on the brief were RAYMOND T. CHEN,
Solicitor, and WILLIAM LAMARCA, Associate Solicitor.

    L. GRANT FOSTER, Holland & Hart, LLP, of Salt Lake
City, Utah, argued for appellee K-TEC, Inc. With him on
the brief were BRETT L. FOSTER and MARK A. MILLER.
                 ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (NEWMAN, LOURIE, and PROST, Circuit
Judges).


           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



September 5, 2012          /s/ Jan Horbaly
   Date                       Jan Horbaly
                                  Clerk
