Legal Opinion
In Re Portola Packaging, Inc.
Court of Appeals for the Federal Circuit
Decided April 7, 1997No. 96-1376PublishedCited by 39 opinions
1Opinion of the Court
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 the PTO, we reverse.
BACKGROUND
On July 27, 1983, Joseph J. Bullock, III filed an application directed to a flexible bottle neck/cap…
2Cases cited14 opinions
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- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
- Crandon v. United StatesSupreme Court of the United States · 1990
- National Labor Relations Board v. Lion Oil Co.Supreme Court of the United States · 1957
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