2017-1959, 2017-2009 09-21-2018 REAL FOODS PTY LTD., Appellant v. FRITO-LAY NORTH AMERICA, INC., Cross-Appellant Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued for appellant. Also represented by Stephanie Spangler ; Kelly Watkins, Allentown, PA. William G. Barber, Pirkey Barber LLP, Austin, TX, argued for cross-appellant. Also represented by Tyson David Smith, David Armendariz. Wallach, Circuit Judge. Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued

No. 2009-1100. July 1, 2009. Rehearing and Rehearing En Banc Denied August 28, 2009. Scott Michael Moore, Moore International Law Offices, of New York, NY, argued for appellant. Thomas V. Shaw, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Raymond T. Chen, Solicitor, and Shannon M. Hansen, Associate Solicitor. Of counsel was Christina J

Patent Appeal Nos. 8906 and 8933. April 19, 1973. John T. Lanahan, Des Plaines, Ill., of record, for appellant; Sidney W. Russell, Arlington, Va., of counsel. S. Wm. Cochran, Washington, D.C., for the Commissioner of Patents; John W. Dewhirst, Washington, D.C., of counsel. Appeal from the Patent Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and ALMOND, Senior Judge. RICH, Judge. These consolidated appeals are from decisions of the Patent Office