"If Xerox wanted its more limited construction, it should have written the claims as it did in the substitute claim," said the CAFC.
The Plant Patent Act of 1930 allows for the patenting of newly discovered and asexually reproduced plants, including cultivated sports, mutants, hybrids, and seedlings. It, however, excludes tuber propagated plants and those found in their natural state.
"We see no reason to distinguish between disclaimer by amendment and disclaimer by argument and conclude that a patentee may surrender claim scope of a design patent by its representations to the Patent Office during prosecution."
Wen Xie emphasizes the inevitability of AI's presence in every profession and technology, asserting that resistance is futile in patent drafting and prosecution.
"What has always drawn my attention to the ITC is that it is a fairly collaborative and yet aggressive forum for building a detailed factual record around which you can gather a host of opinions."
If there are fewer medical diagnostics there will be fewer medical devices and treatments. Real innovation is a function of risk and reward in a mathematical sense.