Friday, March 09, 2012

To be Your Own Lexicographer, You have to Do So Clearly

In re Chaganti, [2011-1344] (March 9, 2012)[NEWMAN, REYNA, WALLACH] The Federal Circuit affirmed the BPAI's decision affirming the rejection of Chaganti's claims.
DISCUSSION: At issue was whether the claims directed to a computer-implemented method of marketing an intangible property interest excluded stocks and bonds. While Chaganti argued that when properly construed in light of the specification, "intangible property interest", the Federal Circuit disagreed, noting that while a patentee may act as his own lexicographer, a a patentee must clearly express that intent in the written description.

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