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« Happy Thanksgiving from Patent Docs | Main | Chevron U.S.A. Inc. v. University of Wyoming Research Corp. (Fed. Cir. 2020) »

November 29, 2020

Comments

I have always felt that "about" should be parsed by considering the excursion as a percentage of the total range (express recitation excluding the "about" part), at least when no other factors are glaringly apparent. For example, the range 6-8 literally includes only 2 mgs: 6-7 and 7-8. That is, 5.999 would fall in the "about" area, as would 8.001. So, to consider an amount of 9 mg within the "about" area, one would be including amounts that exceed 6-8 by 50%. The narrowness of the range recited is the best initial guide for considering what falls within "about" for at least the reason that the patentee chose the breadth of the range expressly recited apart from the "about." Again, here, 9mg/ml extends the scope of the range 6-8 by 50%, which doesn't seem reasonable to me.

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