IP Blog
preamble
Court Overturns § 102 Rejection Due to Limiting Preamble
The Federal Circuit overturned a PTAB decision affirming anticipation rejections under 35 U.S.C. § 102 of patent claims directed to “the construction of travel trailers” because the the PTAB “erred in concluding [the preamble] does not limit the scope of the claims.” In Re: Fought et al., No. 2019-1127 (Fed. Cir. 2019) (See U.S. Patent Application PG-Pub. No. 2014/0008932). The...
Patent Claim Preamble Not Limiting, Infringement Not Derailed
Here is a case illustrating the general rule that the preamble of a patent claim is rarely construed as a substantive claim limitation. In Georgetown Rail Equipment Co. v. Holland L.P.¸ No. 2016-2297 (Fed. Cir. Aug. 1, 2017), the Federal Circuit affirmed a claim construction finding that elements of the preamble do not limit the scope of the claimed invention....