Wednesday, August 06, 2014

Scriptpro case: all right to pick out a subset of features in a claim

Scriptpro v Innovation Associates involves
a written description issue.

We have a narrow issue :
whether the absence of sensors from the claims at issue means
that those claims are unsupported by the written description as a matter of


It is common, and often permissible, for particular claims
to pick out a subset of the full range of described features,
omitting others. E.g.,Crown Packaging , 635 F.3d at 1380-
81; Revolution Eyewear, Inc. v. Aspex Eyewear, Inc. ,
563 F.3d 1 358, 1366-67 (Fed. Cir. 2009);cf. Phillips v.
AWH Corp., 415 F.3d 1303, 13 26 -27 (Fed. Cir. 2005).

D. Kansas is reversed on written description.


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