Xicor Patent Changes Invalid Under Recapture Rule: Fed. Circ.
The appeals court affirmed a lower judge's decision that the additions to Xicor's patent during the reissue were invalid, because the company had specifically surrendered them during the original prosecution of the patent.
Under U.S. patent law, patents can be reissued with broader claims, but an applicant cannot “recapture” claims that it...
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