35 USC 112, first paragraph. The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.

Reliance on specification to interpret disputed claim term is appropriate

14 March 2009 | adebiyi

In ICU Medical, Inc. v. Alaris Medical Systems, Inc., Fed. Cir., No. 2008-1077, March 13, 2009, the Federal Circuit affirmed a decision of the U.S. District Court for the Central District of California holding that (i) claims 11, 12, and 16 of U.S. Patent No. 6,572,592 (the '592 patent), claims 1, 3, 4, 6, and 7 of U.S. Patent No. 5,685,866 (the '866 patent), and claims 1 and 2 of U.S. Patent No. 5,873862 (the '862 patent) were not infringed and (ii) claims 17-26, 31-42, and 46 of the '592 patent and claims 11-16 of U.S. Patent No. 6,682,509 (the '509 patent) were invalid for failure to satisfy the written description requirement.

Keywords:

Written Description in the Unpredictable Arts

23 September 2007 | adebiyi

35 USC 112, first paragraph, reads as follows:

Keywords:

written description