       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

                IN RE FRANK TOPPO
                 ______________________

                      2013-1077
                ______________________

    Appeal from the United States Patent and Trademark
Office, Patent Trial and Appeal Board in Serial No.
11/491,718.
                 ______________________

                     JUDGMENT
                ______________________

   SEAN A. PASSINO, Lowe Hauptman, Ham & Berner,
LLP, of Alexandria, Virginia, argued for appellant. With
him on the brief were BENJAMIN J. HAUPTMAN and
BENJAMIN P. KOTA.

    AMY J. NELSON, Associate Solicitor, United States Pa-
tent and Trademark Office, of Alexandria, Virginia,
argued for appellee. With her on the brief were NATHAN
K. KELLEY, Deputy Solicitor, and JAMIE L. SIMPSON,
Associate Solicitor.
                  ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:
   PER CURIAM (PROST, BRYSON, and TARANTO, Circuit
Judges).

         AFFIRMED. See Fed. Cir. R. 36.

                    ENTERED BY ORDER OF THE COURT


  June 13, 2013                /s/ Jan Horbaly
      Date                    Jan Horbaly
                              Clerk
