What Happened To Implied Disclaimer?

Law360, New York (May 3, 2006, 12:00 AM EDT) -- “So the specification can be limiting if there is a clear definition, but what about an implicit narrowing? Can the specification limit by implication?” This question was posed by Judge Bryson and, in various other ways, by three other judges during oral argument in the Federal Circuit’s en banc rehearing of the appeal in Phillips v. AWH Corp., 415 F.3d 1303, 1312 (Fed. Cir. 2005). This interest by the court during oral argument appeared to reflect a concern regarding the more difficult and more frequent issue...
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