
    In re K. Jon KERN, Joseph Bird, and Brooke Hartman.
    No. 2010-1237.
    United States Court of Appeals, Federal Circuit.
    Oct. 4, 2010.
    Reed R. Heimbecher, Heimbecher & Associates, LLC, Hamel, MN, for Brooke Hartman.
    Raymond T. Chen, Patent & Trademark Office, Arlington, VA, for David J. Kappos, Director, U.S. Patent and Trademark Office.
    
      Reed R. Heimbecher, Heimbecher & Associates, LLC, Hamel, MN, for Joseph Bird.
   ORDER

The appellant having failed to file the brief required by Federal Circuit Rule 31(a) within the time permitted by the rules, it is

ORDERED that the notice of appeal be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.  