United States Federal Circuit

The district court erred in its conclusion that a patent directed to food packaging methods and machines is prior art. The district court did not err by construing the term flight bars to include a plurality of pieces, not just unitary structural members.

Appellate Information

• Decided 03/31/2003
• Published 03/31/2003

Judges

• LINN, Circuit Judge., Before CLEVENGER, SCHALL and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John S. Kiernan,Debevoise & Plimpton, of New York, NY, argued for plaintiff-appellant.   With him on the brief was Dennis H. Hranitzky. Of counsel on the brief were Wellington M. Manning, Jr. and Tim F. Williams, Dority & Manning, P.A., of Greenville South Carolina.


• For Appellees:
  
• Gregory F. Ahrens, Wood, Herron & Evans, L.L.P., of Cincinnati, OH, argued for defendant-cross appellant.   With him on the brief was P. Andrew Blatt.   Of counsel on the brief was Bryan Cermak, IWKA Holding Corporation, of Troy, Michigan.   Of counsel was Jerry B. Blackstock, Powell, Goldstein, Frazer & Murphy, L.L.P., of Atlanta, GA.