Construing Claims as of their Effective Filing Date
Patent – Patently-O 2016-10-31
Summary:
A short aside from Dennis Crouch In Phillips v. AWH, the en banc Federal Circuit included an oddball statement regarding PHOSITA perspective in claim construction. The court wrote that the focus is on the meaning to PHOSITA “at the time of the invention, i.e., as of the effective filing date of the patent application.” I call […]