Friday, November 04, 2005

Fisher-Price wins remand in case against Graco

In an nonprecedential case, the CAFC reversed a decision by EDPa that two patent claims were invalid through indefiniteness, and gave a remand. The patent was US 6,520,862.

The CAFC cited Bancorp, 359 F.3d 1367 concerning the requirements of 35 USC 112 P 2 and also to Exxon v US, 265 F.3d 1371 (which is separately a case involving claims against the government and which also mentions less than ideal drafting of claims).

In the present case, a clerical error in a figure did not rise to the level of creating an indefinite claim.

The CAFC also noted a claim is not indefinite if its antecedent basis is present by implication, citing Cross Med v. Medtronic (CAFC 2005), in turn citing Slimfold v. Kinkead, 810 F.2d 1113.


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