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A federal appeals court ruling may curb the growing trend of using re-examinations to challenge other parties' patents. In In Re Suitco Surface Inc ., the Federal Circuit remanded a U.S. Patent and Trademark Office rejection of some claims in a patent re-examination. Circuit Judge Randall Rader noted that case law requiring the PTO to give claims "their broadest reasonable construction" does not give the PTO "an unfettered license to interpret claims to embrace anything remotely related to the claimed invention."
April 22, 2010 at 12:00 AM
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The original version of this story was published on Law.Com
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