by Steve Driskill | May 6, 2015 | [sub] corresponding structure, Means Plus Function
The Katz exception to the algorithm rule permitting general-purpose processors to serve as the corresponding structure of computer-implemented means-plus-function elements for basic functions of a processor does not extend to complicated, customized computer software....
by Steve Driskill | Apr 27, 2015 | [sub] ranges, Indefiniteness
Claim language employing terms of degree is not indefinite when its bounds can be inferred from inherent parameters related to proper operation. Here, for example, a “spaced relationship” between two electrodes was found to be sufficiently definite because the spacing...
by Steve Driskill | Apr 17, 2015 | [sub] extrinsic evidence, Claim Interpretation
Dictionary definitions provide an adequate starting point when the specification does not recite a claim term. Here, for example, the claim term “channel” was found to be adequately characterized by its dictionary definition of “a long gutter, groove, or furrow”...
by Steve Driskill | Apr 3, 2015 | [sub] grammar, Claim Interpretation
Proper grammar is essential in both claim drafting and other statements that may be used to construe the claims, such as arguments made during prosecution. Here, for example, the patentee argued during prosecution that “disparate” databases referred to an “absence of...
by Steve Driskill | Mar 26, 2015 | [sub] petitions, PTO Procedure
PTO revival rulings are not subject to third party collateral challenge. Here, for example, the decision to revive a PCT national stage entry application for “unintentional” delay was found to be unreviewable by a third party challenger. Background / Facts: The patent...