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C.W. ZUMBIEL CO., INC. v. KAPPOS

Nos. 2011-1332, 2011-1333.

702 F.3d 1371 (2012)

The C.W. ZUMBIEL COMPANY, INC., Appellant, v. David J. KAPPOS, Director, United States Patent and Trademark Office, Appellee, and Graphic Packaging International, Inc., Cross-Appellant.

United States Court of Appeals, Federal Circuit.

December 27, 2012.

Attorney(s) appearing for the Case

Gregory F. Ahrens , Wood, Herron & Evans, L.L.P. of Cincinnati, OH, argued for appellant. With him on the brief was Keith R. Haupt .

Joseph G. Piccolo , Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the appellee. With him on the brief were Raymond T. Chen , Solicitor, and Mary L. Kelly , Associate Solicitor.

James F. Vaughan , Womble Carlyle Sandridge & Rice, LLP, of Atlanta, GA, argued for cross appellant. With him on the brief was Ian A. Calvert .

Opinion dissenting-in-part filed by Circuit Judge PROST.

WALLACH, Circuit Judge.

This appeal arises out of the United States Patent and Trademark Office's ("PTO") inter partes reexamination of United States Patent No. 6,715,639 ("the '639 patent"), assigned to Graphic Packaging International, Inc. ("Graphic"), and challenged by third-party requester C.W. Zumbiel Co., Inc. ("Zumbiel"). Because the Board of Patent Appeals and Interferences's ("Board")1 obviousness and nonobviousness determinations...

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