Saturday, January 17, 2015

CAFC discusses meaning of "laminate" in IN RE JAMES E. STOLLER

includes the text:

The parties’ dispute on appeal centers on the con-
struction of “laminated.”
Mr. Stoller argues that the broadest reasonable construction of laminated is
“fused, bonded, pressed, or adhered together into a unitary structure.”
The Patent Office argues that the Board
correctly construed the term as describing a “structure
formed from several layers.”
We review the Patent Office’s construction de novo.
Rambus Inc. v. Rea, 731 F.3d
1248, 1252 (Fed. Cir. 2013).

The CAFC mentions a scarecrow's shirt in finding
that the Patent Office went beyond the broadest resasonable

We hold that the Patent Office erred in construing
“laminated” to require only layering, such that it
encompasses Sibbet’s perimeter-tied covers.
Much like Sibbet’s
cover, a scarecrow’s shirt includes two layers of material
sewn together at the perimeter with straw stuffed be-
tween them. Under the Patent Office’s
construction the front and back of the scarecrow’s shirt would be lamina
ted. This is not within the ambit of the broadest reasona-
ble construction.


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