Patent examiners often apply seemingly irrelevant prior art with the blithe statement that a claim rejection is justified by a broadest reasonable interpretation of claim terms. I offer some tips on combating examiner abuses of broadest reasonable interpretation in this presentation, and in the accompanying paper, presented to the AIPLA’s Patent Law Committee at this […]
Archive | Broadest Reasonable Interpretation
Broadest Reasonable Interpretation Gives Little Weight to Claiming a Functional Result
By Charles Bieneman on August 31, 2016 in Broadest Reasonable Interpretation, Patent Claim Construction
The Federal Circuit has upheld the Patent Trial and Appeal Board’s broadest reasonable interpretation of claims including “a restore application starting a restore of a set of files” in an Inter Partes Review proceeding. Veritas Techs. LLC v. Veeam Software Corp., No. 2015-1894 (Fed. Cir. Aug. 30, 2016). This case will garner attention for the […]