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Disclaimed Claims May Be Considered When Determining Eligibility for...
2015-12-06 04:27:18| Semiconductors - Topix.net
Addressing the issue of whether disclaimed subject matter may be considered in determining if a patent is eligible for a covered business method review, the Patent Trial and Appeal Board found that a statutory disclaimed subject matter may be considered as part of a CBM review but cannot be the basis for institution. The Board also found that claims of a non-expired patent should be construed using the broadest reasonable standard at institution, even if the Phillips standard will be applied in construing the claims of that patent in a final written decision.
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Category:Electronics and Electrical