Friday, April 10, 2009

Inconsistency between Claim and Specification Rendered the Claim Indefinite Even in the Absence of Ambiguity

Defendant's motion for summary judgment of invalidity for indefiniteness was granted. "Although this case does not involve ambiguity in the traditional sense, it is clear that a claim can be found invalid for indefiniteness when the claims teach something inconsistent with the specification. . . . [In this case] The 'guiding means' structure is found in the specification, but in the claim it attempts to do something . . . that is inconsistent with how the guiding means is defined. In short, an entire component of the guiding means cannot do what the claim says it does."

DISA Industries A/S v. Thyssenkrupp Waupaca Inc., 1-07-cv-00949 (WIED April 8, 2009, Decision & Order)

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