Friday, January 27, 2006

Lack of Antecedent Basis Did Not Render Claim Invalid When Scope Was Ascertainable

Case: Energizer Holdings, Inc. v. International Trade Commission (Fed. Cir. No. 05-1018 1/25/06)


The One Sentence Summary: A patent claim reciting "said zinc anode" without earlier reference to a zinc anode was not invalid due to indefiniteness under 35 U.S.C. § 112 ¶ 2 where one of skill in the art could reasonably ascertain the scope of the claim.

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