Fletcher YoderA claim of a patent is definite if there is intrinsic or related extrinsic evidence to give an objective bound to descriptive language in the claim sufficient to inform a person of ordinary skill in the art as to the scope of the invention.
Claims for a polymer comprising a copolymer of lactic acid and glycolic acid do not require that polymer be made from direct polymerization of lactic acid and glycolic acid starting materials.
Absent some indication in written description and/or prosecution history that inventor intended claim term to cover more than ordinary and customary meaning revealed by context of intrinsic record, it is improper to read term to encompass broader definition found in dictionary; in action for infringement of claims directed to board used in constructing floors, intrinsic record limits scope of term “board” to wood cut from log.
The term “clear” was construed to mean “transparent” or “having the property of transmitting light without appreciable scattering,” and was distinguished from “translucent.” The construction was supported by the written description, the prosecution history, and dictionary definitions.
During claim construction, claim terms are generally given their plain and ordinary meanings unless the patentee explicitly provided an alternative definition; intrinsic evidence illustrates the patentee distinguished the claimed invention from the prior art, expressly disclaimed subject matter, or stressed a particular feature as important to the invention; or the term employed obfuscates the scope of the claim.