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Article: District Court v. USPTO: The Battle Of Claim Construction Standards.(United States Patent and Trademark Office)(Trans Texas Holdings Corp.)
- Article from:
- Mondaq Business Briefing
- Article date:
- October 1, 2007
CopyrightCOPYRIGHT 2007 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In affirming a decision of the Board of Patent Appeals and Interferences (the Board) the U.S. Court of Appeals for the Federal Circuit made clear that during reexamination of a patent, the USPTO is not bound by a district court's claim construction order issued in a proceeding to which the USPTO was not a party. In re Trans Texas Holdings Corp., Case Nos. 06-1599, -1600 (Fed. Cir., Aug. 22, 2007) (Dyk, J.).
In Trans Texas, the patentee requested reexamination of two patents, both of which related to a system of inflation-adjusted deposit and loan accounts. During reexamination, the patentee argued that the USPTO was bound by a claim construction rendered by a ...