How are claims construed when copied from another application or patent in an interference?
When an applicant copies a claim from another application or patent to provoke an interference, the construction of these claims follows a specific rule. According to MPEP 2304.02(d):
“When an applicant copies a claim from another application or patent, the applicant’s claims are construed in view of the originating specification when the other party challenges the sufficiency of written description support.”
This principle was established in the case of Agilent Techs., Inc. v. Affymetrix, Inc., where the court held that “when a party challenges written description support for a copied claim in an interference, the originating disclosure provides the meaning of the pertinent claim language.”
This approach ensures that the copied claims are interpreted consistently with their original context, which is crucial for determining whether the copying party has adequate written description support for the claimed invention.
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