Whereby an inventor kicks himself
In "Whereby Clause Limits Method Claim," Bill Heinze describes how the patent owner in Hoffer v. Microsoft (Fed. Cir. April 22, 2005): "argued that the 'whereby' clause in a method claim for the interactive trade network exemplified above should not limit the claim, pointing out that the Federal Circuit has held that a whereby clause in a method claim is not given weight when it simply expresses the intended result of a process step positively recited. Minton v. Nat'l Ass'n of Securities Dealers, Inc., 336 F.3d 1373, 1381 (Fed. Cir. 2003)."
Here's how the Federal Circuit disagreed under the facts of this case.
Posted by Product Team on April 25, 2005 at 03:26 PM | Permalink
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