IN RE BENSON, 2011-1311 (Fed. Cir. 7-29-2011)
IN RE GERALD M. BENSON AND KENNETH L. SMITH.
Nos. 2011-1311, 2011-1312.Serial Nos. 11/061,327, 09/515,978.United States Court of Appeals, Federal Circuit.
July 29, 2011.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences.
ON MOTION ORDERPage 2
The appellants move without opposition to consolidate these two cases for briefing and oral argument.
Because separate opening briefs were filed by the appellants, we deem the better course is to treat the cases as companion cases.
Accordingly,
IT IS ORDERED THAT:
The motion to consolidate is denied. The cases will be treated as companion cases, i.e., they will be argued consecutively before the same merits panel.Page 1