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Message: INTERESTING IPR CASE LAW-PTAB Finds Different Claim Terms Have the Same Meaning
One of the classic canons of claim construction is that different claim terms in a patent are presumed to have different meanings. The Board found an exception to that general rule in Air Liquide Large Indus. v. Praxair Technology, IPR2015-01075, Paper 11.
“We understand there may be a slight difference between the terms, but, on the present record, this distinction does not come into play and, as such, it is proper to construe these terms to be the same insofar as they are both directed to a formed barrier as construed above.”
III. ORDER
In view of the foregoing, it is hereby ORDERED that the Petition is denied and that no inter partes review is instituted .
Trials@uspto.gov
Tel: 571-272-7822 Entered: October 26, 2015
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Dec 27, 2015 05:25PM
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