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IN RE BASELL POLIOLEFINE ITALIA S.P.A.

No. 2007-1450.

547 F.3d 1371 (2008)

In re BASELL POLIOLEFINE ITALIA S.P.A.

United States Court of Appeals, Federal Circuit.

November 13, 2008.

Attorney(s) appearing for the Case

Warren K. MacRae, Loeb & Loeb LLP, of New York, NY, argued for appellant.

Thomas W. Krause, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief was Heather F. Auyang, Associate Solicitor. Of counsel were Sydney O. Johnson, Jr., Acting Solicitor, Shannon M. Hansen, and Janet A. Gongola, Associate Solicitors.

Opinion for the court filed by LOURIE, Circuit Judge. Dissenting opinion filed by NEWMAN, Circuit Judge.

LOURIE, Circuit Judge.

Basell Poliolefine Italia, S.P.A. ("Basell") appeals from two decisions of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences ("Board") resulting from a Director-ordered reexamination of U.S. Patent 6,365,687 ("the '687 patent"). The Board affirmed the rejections of all the claims of the '687 patent as unpatentable under 35 U.S.C. §§ 102(b) and 103(a) and the doctrine of obviousness-type...

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