Predicate Logic, Inc. v. Distributive Software, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
LINN, Circuit Judge.
When the complexities inherent in the English language meet the peculiarities of patent jargon, the result can be the bane of many unsuspecting patentees. While claim language is generally the product of the patentee alone, the patentee’s drafting efforts are sometimes aided by the examiner. Usually, such collaborative efforts are constructive. On occasion, however, these efforts result in confusion, not clarity. In this case, there were two such occasions. The first was during the original prosecution — when the patentee authored and the examiner allowed a claim with an…
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