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Because proper claim construction begins with an analysis of the intrinsic evidence, claim construction is case-specific. An interpretation of a claim term in one case may be completely different from the interpretation of that same term in another case, especially where the fields of technology are different.
Hear this out loud PauseClaim construction is the process in which courts interpret the meaning and scope of a patent's claims. Since the claims ?define the invention to which the patentee is entitled the right to exclude,? construing the claims can be a critical step in determining the outcome of almost all patent litigations.
PROPER ANTECEDENT BASIS. ?Elements in the patent claim must have correct. antecedent basis. ?Use indefinite article ?a? or ?an? when introducing an. element for the first time. ?Use definite article ?the? or ?said? when referring back.
A claim is generally presented in three parts, the preamble, a transitional phrase (or word), and the body.
Claim construction is the process in which courts interpret the meaning and scope of a patent's claims. Since the claims ?define the invention to which the patentee is entitled the right to exclude,? construing the claims can be a critical step in determining the outcome of almost all patent litigations.