Saturday, April 27, 2013

Statements of intended use not given patentable weight in Ex parte POPESCU-STANESTI

O2Micro loss in Ex parte POPESCU-STANESTI

As to statement of intended use:

See Boehringer
Ingelheim Vetmedica, Inc. v. Schering-Plough Corp., 320 F.3d 1339, 1345
(Fed. Cir. 2003) (a statement of intended use “usually will not limit the
scope of the claim because such statements usually do no more than define a
context in which the invention operates”). Therefore, we do not ascribe any
patentable weight to these statements.

concerning the text:

statements of intend use of the controller, i.e., how the controller functions –
“operable for receiving . . . a host signal from said main controller that
enables said photoflash controller” and “wherein said photoflash controller
is disabled when said digital camera is in said flash disable mode to reduce
power consumption until said host signal is received” (claim 1)


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