How does the “materially narrowed” test apply in patent reissue recapture analysis?
How does the “materially narrowed” test apply in patent reissue recapture analysis? The “materially narrowed” test is a crucial part of the third step in the recapture analysis for patent reissue applications. It determines whether the reissue claims have avoided recapture by including a materially narrowing limitation relative to the original claims. According to MPEP…
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