In a recent post (here), I mentioned that I attended the PTO-sponsored BPAI conference in DC last week. At the conference, a panel of judges said that many appeals are really about claim construction. I never really thought about it this way, but now I'm reading Board decisions in a new light, and I can see that the judges are right.
My next post will start a series of posts about arguing about the meaning claim terms. In these posts, I'll discuss some winning arguments, some some losing arguments, and some missed opportunities to make the argument. I'll also discuss how what's in the specification affects your ability to make these arguments.
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