indefiniteness

Words of Approximation: The Fine Line between being Definite or Indefinite in Prosecution

A search of PTAB ex partes appeals over the past three months shows that relatively few decisions have dealt with words of approximation.  The two recent ex partes decisions discussed below both determine whether the claim term … Read More

Fed. Cir: Patent Claim Not Indefinite System/Method Hybrid

A patent claim directed to a system comprising multiple elements including a “CRM software application” that according to the claim “presents,” “receives,” and “generates” various data was not indefinite under 35 U… Read More

Knowledge of Skilled Artisan Can Beat Patent Indefiniteness

Knowledge of a person of skill in the art was recently used to revive claims that had earlier been found indefinite under 35 U.S.C. § 112.  Delaware District Court Judge Leonard P. Stark granted a motion for reargument on the is… Read More

District Court Construes “Small Quantities” as a Definite Term

The term “small quantities of finely-divided liquid” was construed as being a definite term under §112, second paragraph, in the Markman order in Ecoservices, LLC v. Certified Aviation Services, LLC (CDCA; Docket CV 16-01824-… Read More

CAFC: Claim Reciting “Near” Displays of Data Not Indefinite

A patent claim that recited displaying one set of information “near” another set of information was not indefinite, the Federal Circuit has held in Mentor Graphics Corp. v. EVE-USA, Inc., Nos. 2015-1470, 2015-1554, 2015-1556 (… Read More