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 …
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Many practitioners view words of approximation, such as “substantially,” as useful tools to broaden claim language. MPEP §2173.05(b) states that words of approximation are acceptable if one of ordinary skill in the art would…
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