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Dictionary Dethroned: Phillips v. AWH Corporation

To rely on the dictionary or not to rely on the dictionary, and to what extent, that is the question. A question which after frenzied anticipation by the patent bar, the <i>en banc</i> U.S. Court of Appeals for the Federal Circuit, in its July 12, 2005 landmark decision of <i>Phillips v. AWH Corp.</i>, No. 03-1269, -1286, 2005 U.S. App. LEXIS 13954 (Fed. Cir. July 12, 2005), has answered: While dictionaries may be useful to assist in the understanding of a commonly understood meaning of a claim term, the proper starting point is the patent specification and corresponding prosecution history.

17 minute read August 31, 2005 at 02:21 PM
By
Abraham P. Ronai
Dictionary Dethroned: Phillips v. AWH Corporation

To rely on the dictionary or not to rely on the dictionary, and to what extent, that is the question.

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