By
Sarah Fendrick --
In a notice published in the Federal Register (75 Fed. Reg. 19558),
the U.S. Patent and Trademark Office cancelled Rule 41.200(b) as a result of the decision
rendered in Agilent
Technologies, Inc. v. Affymetrix,
Inc., 567 F.3d 1366 (Fed. Cir. 2009). 37 C.F.R. § 41.200(b) (2004) provides: ''A
claim shall be given its broadest reasonable construction in light of the
specification of the application or patent in which it appears.'' The Federal Circuit in Agilent found that 37 C.F.R. § 41.200(b) did
not apply in an interference proceeding where one party challenges another's
written description.
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