Promega Corp. v. Life Tech. Corp.
The Fed. Circuit invalidates claims under 35 U.S.C. § 112, 1st paragraph, finding that the specification does not enable a skilled artisan to practice the full breadth of ‘comprising’ claim scope.
The Fed. Circuit invalidates claims under 35 U.S.C. § 112, 1st paragraph, finding that the specification does not enable a skilled artisan to practice the full breadth of ‘comprising’ claim scope.
The Federal Circuit finds that the B.P.A.I. incorrectly construed the claim term “comprising”, further noting that the protocol of giving claims their broadest reasonable interpretation during examination is solely an examination expedient and does not include giving claims a legally incorrect interpretation.