What is the significance of the Phillips v. AWH Corp. case in claim interpretation?

The Phillips v. AWH Corp. case is a landmark decision that significantly impacts claim interpretation in patent examination and litigation. MPEP 2111 states: “The Federal Circuit’s en banc decision in Phillips v. AWH Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir. 2005) expressly recognized that the USPTO employs the ‘broadest reasonable interpretation’…

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What are some examples of claim language that have been held to be indefinite due to exemplary phrasing?

The MPEP 2173.05(d) provides several examples of claim language that have been held to be indefinite due to exemplary phrasing: “R is halogen, for example, chlorine” “material such as rock wool or asbestos” (Ex parte Hall, 83 USPQ 38 (Bd. App. 1949)) “lighter hydrocarbons, such, for example, as the vapors or gas produced” (Ex parte…

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How does In re Young affect patent claim interpretation?

In re Young is another important case cited in MPEP 2115 that affects patent claim interpretation, particularly for apparatus claims. The MPEP states: In Young, a claim to a machine for making concrete beams included a limitation to the concrete reinforced members made by the machine as well as the structural elements of the machine…

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What is the significance of In re Otto in patent law?

In re Otto is a significant case in patent law, particularly for apparatus claims. According to MPEP 2115, the case established that: “[I]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963) The…

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