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November 03, 2011

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Comments

Kevin,

As I commented on a different blog, the dissenters are correct: Federal Circuit claim construction law is an utter mess. Even longstanding doctrines such as the doctrine of claim differeniation (which should have applied as the Chief Judge said in his dissent in the panel decision) aren't applied correctly and certainly not consistently. And if this claim construction "mess" ends up with SCOTUS, look out!

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