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Message: Re: defendants claim construct...
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Jun 17, 2010 09:39AM
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"Extrinsic evidence, such as a dictionary definition, may be considered but “is less significant than the intrinsic record in determining the legally operative meaning of claim language,” and is “unlikely to result in a reliable interpretation of a patent claim scope unless considered in the context of the intrinsic evidence.”5 Phillips, 415 F.3d at 1317, 1319."

"5 When an otherwise extrinsic dictionary definition is relied upon by an Examiner during prosecution, it is an intrinsic, not extrinsic reference. See Vitronics, 90 F.3d at 1582; St. Clair Intellectual Prop. Consultants, Inc. v. Matsushita Elec. Indus. Co., Ltd., Civ. Act. No. 04-1436, 2010 WL 681686, *10"

Interesting mix....

doni

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