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Definitions[]

U.S. patent law[]

Under 35 U.S.C. §112, the scope of a claim is defined based on the particular and distinct claim given in the specification of the patent.

Courts[]

The words of the claim themselves define the scope of the patented invention.[1] Further, the words of a claim are "generally given their ordinary and customary meaning."[2] Said ordinary and customary meaning is "the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention."[3]

References[]

  1. Markman v. Westview Instruments, Inc., 52 F.3d 967, 979-80 (Fed. Cir. 1995) (full-text).
  2. Phillips v. AWH Corp., 415 F.3d 1303, 1312 (Fed. Cir. 2005) (full-text).
  3. Id. at 1313.