Saturday, June 15, 2013

Kimberly-Clark loses diaper case at PTAB

Kimberly-Clark loses in Ex parte Elsberg

As to BRI:

During examination, the PTO gives claims “their broadest reasonable construction consistent with the specification.” In re Suitco Surface, Inc., 603 F.3d 1255, 1259 (Fed. Cir. 2010) (quoting In re ICON Health & Fitness, Inc., 496 F.3d 1374, 1379 (Fed. Cir. 2007)).

Of analogous art

See In re Bigio, 381 F.3d 1320, 1325 (Fed. Cir. 2004) (determination of analogous art based on same field of endeavor test).


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