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June 12, 2014


I am not the originator of this thought, but the case at point really makes me wonder (as well) about the viability of the "Glossary" attempt.

How big and how quickly will glossaries grow if words like "a" (or the presidential "is") draw such difficulties for the courts?

Perhaps that is the lesson for these "outlier" claims:  that there are no absolutes in claim construction upon which the patent drafter can rely, and each claim should be scrutinized during prosecution and drafting with a view that a court may at some later date need to determine what the claims were intended to exclude.  Which is not such a bad way to craft or prosecute patent claims. AMEN


Your prayer sounds like an empty platitude.

You have not defined "outlier" claims and ANY (that is, all) claim that is sought to be enforced (that is, all claims ever written) should be "scrutinized" and drafted carefully with an eye towards enforcement.

Are you saying that you do not take such care and effort now?

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