Topic: references to a preferred embodiment, such as those often p… · Go Syfert
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Topic #7194

4 canonical passages across 4 cases, quoted by 49 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from The Laitram Corporation and Intralox, Inc. v. Cambridge Wire Cloth Company.

#Case FlagCanonical passage Citers
1 The Laitram Corporation and Intralox, Inc. v. Cambridge Wire Cloth Company Anchor
cafc · 1989
green “references to a preferred embodiment, such as those often present in a specification, are not claim limitations.” 22
2 Pitney Bowes, Inc. v. Hewlett-Packard Company, Defendant-Cross
cafc · 1999
green “the starting point for any claim construction must be the claims themselves.” 16
3 The Toro Company v. White Consolidated Industries, Inc., and Wci Outdoor Products, Inc.
cafc · 1999
green “it is well established that the preferred embodiment does not limit broader claims that are supported by the written description.” 7
4 White v. Dunbar
scotus · 1886
green “it is unjust to the public, as well as an evasion of the law, to construe a claim in a manner different from the plain import of its terms. this has been so often expressed in the opinions of this court that it is unnecessary to pursue the subject further.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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