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· 9/18/1998

Desper Products, Inc. And Spatializer Audio Laboratories, Inc. v. Qsound Labs, Inc.

Citations

  • 157 F.3d 1325
  • 48 U.S.P.Q. 2d (BNA) 1088
  • 1998 U.S. App. LEXIS 23324
  • 1998 WL 643294

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that this rule also applies to divisional applications
  • stating that the context of the claims can be found in the specification and drawings
  • stating that the context of the claims can be found in the specification and drawings
  • concluding prosecution statements were clear and unmistakable disclaimer because they were entirely consistent with the patent’s written description
  • holding two claims reciting different terms have the same scope due to the patentee’s statement during prosecution despite the differences in plain meaning of the two terms
  • “In determining the scope of what, if any, subject matter has been surrendered, the standard is an objective one: what would a reasonable competitor reading the prosecution history conclude has been surrendered.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Plager, Clevenger, Gajarsa

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.