by Steve Driskill | May 12, 2016 | [sub] importing limitations, Claim Interpretation
Boilerplate disclaimers characterizing all descriptions in the specification as being directed to preferred embodiments only will be ineffective at best, and may be problematic in establishing adequate written description support. Here, for example, statements that...
by Steve Driskill | Apr 25, 2016 | [sub] importing limitations, Claim Interpretation
There must generally be a nexus between the claim language and any teachings in the specification purported to define the claimed invention. Here, for example, the scope of the claimed “buffer memory” was found to be broader than the full-frame buffers described in...
by Steve Driskill | Feb 29, 2016 | [sub] importing limitations, Claim Interpretation
The ordinary meaning of a claim term cannot be completely untethered to the context of the invention. Here, for example, the claim terms “portable” and “mobile” were found to not cover everything utility meters attached to the exterior walls of buildings, even though...
by Steve Driskill | Nov 25, 2015 | [sub] importing limitations, Claim Interpretation
Absent clear redefinition or disavowal, the plain meaning of a claim limitation will be controlling over other descriptions in the specification when the plain meaning is unambiguous. Here, for example, a “query” concerning the online status of other network devices...
by Steve Driskill | Nov 10, 2015 | [sub] importing limitations, Claim Interpretation
Negative claim limitations will be interpreted just as broadly as positive claim limitations, which may significantly narrow the claim scope. Here, for example, method steps required to be performed “without the use of a vision guidance system” were found to exclude a...
by Steve Driskill | Jun 11, 2015 | [sub] importing limitations, Claim Interpretation
Amorphous claim terms, as opposed to those that are clear and well-defined, may be limited to the specific embodiments disclosed in the specification when there is no guidance as to how the claim terms can be more broadly applied to a wider range of implementations....