In this case, Maoz Betser-Zilevitch appealed the Federal Court's decision that dismissed his action alleging infringement of his Canadian Patent No. 2,584,627 against PetroChina Canada Ltd. (PCC). Mr. Betser also appealed the Federal Court's decision on costs arising from his action. PCC cross-appealed the Federal Court's dismissal of its counterclaim alleging invalidity of the patent. The appeals and cross-appeal were dismissed in their entirety. Mr. Betser's appeal was based on the argument that the Federal Court had erred in its construction of the term "first level" in the patent claims. The Federal Court's construction of the term was upheld, and it was found that PCC did not infringe the patent. The cross-appeal on obviousness was also dismissed, and the court found no error in the Federal Court's reasoning.

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