"The CAFC explained that '[w]e have long held that words like 'about' and 'approximately' may be appropriately used to 'avoid[] a strict numerical boundary to the specified parameter'.... however, the parameter's range must be reasonably certain based on the 'technological facts of the particular case.'"
The U.S. Court of Appeals for the Federal Circuit upheld a district court's decision that claims of Enviro Tech's patent for poultry treatment were indefinite. The patent, which involves using peracetic acid, faced challenges regarding the terms 'an antimicrobial amount' and 'about.' The district court found these terms indefinite, leading to the invalidation of the claims. The CAFC agreed, stating that the term 'about' did not provide a reasonably certain scope based on technological facts, emphasizing the need for clarity in patent claims.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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