IN RE STOLLER (Fed. Cir. 2015) (NP) – Claim terms should be given a broadest reasonable interpretation that captures their characteristic feature

Claim terms should be given a broadest reasonable interpretation by the PTO that effectively captures their characteristic feature over other common features. Here, for example, the broadest reasonable interpretation of “laminated” was found to require a structure...

DELANO FARMS COMPANY v. CALIFORNIA TABLE GRAPE COMM. (Fed. Cir. 2015) (P) – Efforts to maintain control over the use of the invention may negate an otherwise public use

The inventor or a third party’s efforts to maintain control over the use of the invention may negate an otherwise public use under 35 U.S.C. § 102(b). Here, for example, a third-party misappropriator who illicitly obtained the claimed invention but for that reason...

IN RE SHANEOUR (Fed. Cir. 2015) (NP) – The terms “associated with” and “related to” are not limited to a direct one-to-one correspondence

The terms “associated with” and “related to” on their face are not limited to a direct one-to-one correspondence. Here, for example, a sensor claimed as being “associated with” an individual light fixture and producing a signal “related to” the light level of that...

TEASHOT LLC v. GREEN MOUNTAIN COFFEE ROASTER (Fed. Cir. 2015) (NP) – Silence with regard to a certain aspect of the invention does not depart from consistent teachings elsewhere

Silence in a particular example with regard to a certain aspect of the invention cannot be used to depart from consistent teachings about that aspect elsewhere in the specification. Here, for example, a figure that did not show any details of container entry or exit...

**YEAR IN REVIEW 2014**

As 2014 officially comes to a close, we are pleased to present our annual comprehensive guide to all the happenings in patent prosecution case law over the last year. We hope that you will find it useful as a handy reference in your practice. Digital download: Year in...