· 1/10/1997
Jack A. Ekchian v. The Home Depot, Inc., MacKlanburg Company, Mti Corporation and Zircon Corporation, and Lucas Automation & Control Engineering, Inc.
Citations
- 104 F.3d 1299
- 41 U.S.P.Q. 2d (BNA) 1364
- 1997 U.S. App. LEXIS 443
- 1997 WL 9979
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the courts and the public may rely on an information disclosure statement to interpret a claim
- explaining that, by “distinguishing the claimed invention over the prior art, an applicant is indicating what the claims do not cover”
- noting that “the courts and the public may rely” on an information disclosure statement to interpret the claims.
- refusing to limit claim where IDS did not distinguish over prior art with respect to the relevant property
- “since, by distinguishing the claimed invention over the prior art, an applicant is indicating what the claims do not cover, he is by implication surrendering such protection”
- “[B]y distinguishing the claimed invention over the prior art, an applicant is indicating what the claims do not cover.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Clevenger, Bryson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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