Monday, September 13, 2010

Federal Circuit again tries to figure out if preambles are claim limitations

In today's opinion in American Medical Systems, Inc. v. Biolitec, Inc., the Federal Circuit again tried to figure out if preambles are claim limitations.  The preamble at issue included the language "method for photoselective vaporization of tissue."  Judge Bryson, with Judge Prost concurring, said the language wasn't a limitation.  Judge Dyk dissented and said it was.

The Patently-O blog has a more detailed discussion here.

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