July 2007 (Part I) – Click for full issue

• Festo, Part XIII – Alternative in prior art is “foreseeable” even if its use as an equivalent is not recognized at the time of the amendment (CAFC)
• Inventor acted as own lexicographer by implication even though applied meaning was contrary to term’s customary meaning (CAFC)
• Estoppel limited scope of “general purpose computer” to exclude microprocessors (CAFC)
• Stare decisis bound non-party to claim construction given by Federal Circuit (D.Mass)
• Confirming result theorized by the prior art insufficient to show invention not obvious (CAFC)
• Skill level of a drug formulator, not a general medical practitioner, applied to method of treatment claim (CAFC)
• Contributory infringement under § 271(c) does not reach sale of a service (CAFC)
• Complying with marking requirement did not create a case or controversy to support a declaratory judgment claim (S.D. Ohio)
• OMB approves proposed PTO rule changes on continuation applications and restrictions on number of claims (PTO)

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