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What if Applicant mistakenly characterizes his or her invention during prosecution?

11/23/2016

 
In limited circumstances, a court may overlook what was obviously a mistaken characterization of the invention by Applicant during prosecution.   This is appropriate, however, only when the error is so apparent that a reasonable person reading the prosecution history would not be misled.  See Biotec Biologische Naturverpackungen GmbH v. Biocorp, Inc. 249 F.3d 1341, 1348 (Fed. Cir. 2001); Intervet America, Inc. v. Kee-Vet Labs., Inc., 887 F.2d 1050, 1053-1054 (Fed. Cir. 1989).

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