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Claim construction

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Definition Edit

Claim construction is the art of translating patent claim language into plain English.

Overview Edit

Claim construction analysis begins with the ordinary meaning of the disputed claim term. Generally speaking, we indulge a "strong presumption" that a claim term carries its ordinary and customary meaning. The next step is to review the written description and the prosecution history, to determine if the patentee has chosen to be his or her own lexicographer, or when the claim language itself lacks sufficient clarity to ascertain the scope of the claims.[1]

References Edit

  1. Deering Precision Instrs., L.L.C. v. Vector Distrib. Sys., Inc., 347 F.3d 1314, 1322 (Fed. Cir. 2003) (citations omitted) (full-text).

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