IN RE PORTOLA PACKAGING, INC.

No. 96-1376.

110 F.3d 786 (1997)

In re PORTOLA PACKAGING, INC.

United States Court of Appeals, Federal Circuit.

April 7, 1997.


Attorney(s) appearing for the Case

Julian Caplan, San Francisco, California, argued for appellant. With him on the brief were C. Michael Zimmerman and Janet E. Muller.

Nancy J. Linck, Solicitor, Patent and Trademark Office, Arlington, Virginia, argued for appellee. With her on the brief were Albin F. Drost, Deputy Solicitor, and Kevin T. Kramer, Associate Solicitor.

Before MICHEL, LOURIE, and CLEVENGER, Circuit Judges.


LOURIE, Circuit Judge.

Portola Packaging, Inc. appeals from the decision of the Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences holding, after reexamination, that claims 1, 3-5, 7, and 8 of U.S. Patent 4,496,066 are unpatentable. In re Portola Packaging, Inc., No. 95-4121 (Bd. Pat.App. & Int. Feb. 16, 1996). Because the board exceeded its statutory authority by basing its decision solely on prior art previously considered by...

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