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The doctrine of equivalents took punches as the U.S. Court of Appeals for the Federal Circuit paid homage to the notice function of claims. However, as the narrowing of equivalents presses in on claim scope, patent attorneys will push back by squeezing the most out of literal claim language. This gamesmanship invariably leads to a higher level of claim abstraction and more unconventional phraseology.
May 31, 2001 at 12:00 AM
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The original version of this story was published on Law.Com
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