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Message: Re: Question...Ease

Feb 06, 2009 06:57AM

I posted this the other day to show how much importance the PTO puts on our own court system....if their attitude of our own courts is "take it or leave it" I would suppose that the German Court ruling will have little if any effect at all...

JMHO

The following passage was written in the 48 page denial to the '584 patent and gives some insight into the USPTO's use of U.S.court findings...whether the same holds true for the German court is another question up for persual....

"As the patent owner is aware, the standards for claim interpretation in court and before the USPTO are different, as the two proceedings and distinct and independent. Accordingly the examiner may also use the District Courts claim interpretation as guidance and may hold patent owners statements that are made before the Distict court and the federal circuit, but the Office is not necessarily bound by the District Courts claim construction. However, the patent owner is reminded, that the Court's claim constructions ( which remain subject to appeal) do not strictly govern these reexamination proceedings, which are to be conducted under the broadest reasonable interpretation standard. Nonetheless, they should be noted and considered in application of the broadest reasonable interpretation standard."


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