Thursday, May 27, 2010

Judge Pflager speaks out on indefiniteness

From a dissent to denial of panel rehearing in Enzo by Judge Plager:

To begin the discussion of how this court could move
in that direction, I would grant the petition for panel
rehearing. The court now spends a substantial amount of
judicial resources trying to make sense of unclear, over-
broad, and sometimes incoherent claim terms. It is time
for us to move beyond sticking our fingers in the never-
ending leaks in the dike that supposedly defines and
figuratively surrounds a claimed invention. Instead, we
might spend some time figuring out how to support the
PTO in requiring that the walls surrounding the claimed invention
be made of something other than quicksand.


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