· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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