by Steve Driskill | Jan 15, 2015 | [sub] broadest reasonable interpretation, Claim Interpretation
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...
by Steve Driskill | Dec 9, 2014 | [sub] broadest reasonable interpretation, [sub] common terms, Claim Interpretation
Absent a narrowing definition in the specification, the broadest reasonable interpretation of a “sub-signal” requires only slight differences between signal versions. Here, for example, given a broad description in the specification, the claimed “sub-signal” was...
by Steve Driskill | Jun 4, 2014 | [sub] broadest reasonable interpretation, Claim Interpretation
Incidental operation of a prior art element under only limited and contrived circumstances does not necessarily teach or suggest a claim element intentionally configured for such operation. Background / Facts: The patent on appeal here from rejection during...
by Steve Driskill | Feb 10, 2014 | [sub] broadest reasonable interpretation, [sub] reexamination, Claim Interpretation, PTO Procedure
(1) Prosecution history serves as intrinsic evidence for purposes of claim construction even “in construing patent claims before the PTO,” such that an “examiner err[s] by resorting to extrinsic evidence that [is] inconsistent with the more reliable intrinsic...
by Steve Driskill | Nov 12, 2013 | [sub] broadest reasonable interpretation, Claim Interpretation
Although ultimately inconsequential and therefore probably dicta, this may be a reasonably good case to at least note when faced with an examiner who focuses only on the relationship between claimed devices or components while refusing to give patentable weight to the...
by Steve Driskill | Jun 28, 2013 | [sub] broadest reasonable interpretation, Claim Interpretation
While I appreciate the CAFC’s concern that the PTO often takes an overly broad interpretation of claim terms that is neither reasonable nor consistent with the specification, the court may have been overly harsh in this situation. Nevertheless, this is a good case to...