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Intellectual Property Law
: IP Law ObserverAmbiguous Prosecution History That Contradicted Specification Did Not Limit Claim Scope of Means Plus Function Claim
Summary: In a suit involving closed circuit television camera control patents, the district court erred in granting summary judgment of noninfringement by construing the term "receiving means" as a monitor in light of ambiguous prosecution history statements.
The Federal Circuit held there was no clear surrender of claim scope. One of skill in the art would recognize the statements in the prosecution history were incorrect because they were not supported by the specification and would render the invention inoperable.
Full post as published by IP Law Observer on November 28, 2007 (boomark / email).
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