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Claim Interpretation - The CAFC recaps the rules in CCs Fitness v. Brunswick Corp.


Every patent claim is an assertion of the boundaries of the intangible space from which others can be excluded by the owner of the patent. The fence is made of words, appropriate material to form a boundary around an intangible space. Every one of those words has a meaning in combination with the other words in the claims, but, like every other combination of words, the meaning may be different for different people. All these meanings have to be interpreted in combination to determine what is an infringement and what is not. The trick of course is to be able to apply rules that allow patent attorneys to mostly reach the same conclusion as a court would reach, and thus be able to determine, without litigation, what is infringing and what is not infringing. Find out what those words really mean, and you find out whether some given device, method or composition is infringing or not.

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