IN RE TAYLOR (Fed. Cir. 2015) (NP) – A claimed correlation between a claim feature and a performance property does not carry patentable weight

by Steve Driskill | Nov 6, 2015 | [sub] intended use, Claim Interpretation

A limitation that only recites a correlation between a claim feature and a performance property does not carry any patentable weight. Here, for example, a “weight concentration ratio” claimed as being selected to correlate with how damaging the resulting solution is...

BELDEN INC. v. BERK-TEK LLC (Fed. Cir. 2015) (P) – Motivation to combine prior art references is not negated by a clash in otherwise inconsequential aspects

by Steve Driskill | Nov 5, 2015 | [sub] motivation, Obviousness

Motivation to combine two prior art references is not negated by a clash in inventive aspects that are inconsequential to the problem addressed by the proposed combination. Here, for example, differences in wire configurations (insulated vs. bare) was found to be...

ATLAS IP, LLC v. ST. JUDE MEDICAL, INC. (Fed. Cir. 2015) (P) – Soft language such as “approximately” can provide wiggle room for different modes of operation

by Steve Driskill | Oct 29, 2015 | [sub] specification, Estoppel / Disclaimer

Soft language such as “approximately” can provide wiggle room for different modes of operation. Here, for example, the claimed communication cycle invention was not found to be inoperable without the hub sending start-time information to a remote device before each...

ATLAS IP, LLC v. MEDTRONIC, INC. (Fed. Cir. 2015) (P) – Imprecisions about plurals and conjunctions found in the claim language should be resolved by context

by Steve Driskill | Oct 29, 2015 | [sub] claim context, [sub] grammar, Claim Interpretation

Imprecisions about plurals and conjunctions found in the claim language should be resolved by context. Here, for example, a hub / remote device communication cycle having “intervals during which the hub and the remotes transmit and receive frames” was found to...

IN RE MORSA (Fed. Cir. 2015) (P) – High level of ordinary skill asserted in the specification may lower the bar for enablement of the prior art

by Steve Driskill | Oct 19, 2015 | [sub] enabling disclosure, Anticipation, Prior Art

Statements in the specification asserting a high level of skill in the art may be used to lower the bar for enablement of the prior art as well as the application itself. Here, for example, even high-level descriptions in a prior art press release about “us[ing] the...