There are many canons of claim construction.
Claims should be construed as of the time of the invention.
Limitations should be given their “ordinary meaning” as understood by a skilled artisan.
Claim construction begins with dictionary, encyclopedia, and treatise definitions.
Dictionaries, treatises, and encyclopedias are critical to claim construction.
Claim differentiation applies to presume a difference in meaning and scope when different words or phrases are used in separate claims.
Preamble terms are not claim limitations.
Limitations in the specification may not be read into the claims.
Express limitations in the specification should be read into the claims.
Claims should be construed to cover preferred embodiments.
Claims should be construed to uphold their validity.
Claims should be construed as of the time of the invention.
Limitations should be given their “ordinary meaning” as understood by a skilled artisan.
Claim construction begins with dictionary, encyclopedia, and treatise definitions.
Dictionaries, treatises, and encyclopedias are critical to claim construction.
Claim differentiation applies to presume a difference in meaning and scope when different words or phrases are used in separate claims.
Preamble terms are not claim limitations.
Limitations in the specification may not be read into the claims.
Express limitations in the specification should be read into the claims.
Claims should be construed to cover preferred embodiments.
Claims should be construed to uphold their validity.
The immediate question is whether the en banc decision in Phillips v. AWH will (i) present a cleanly revised list or (ii) simply add another rule to the list.
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