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CAFC Weekly: September 17, 2010

by Orlando Lopez

In the one precedential case of this week, American Medical Systems, Inc. v. Biolitec, Inc., the CAFC considered whether the term, “photoselective vaporization,” in the preamble of the claim should be considered in the claim interpretation or was only a descriptive term without an effect on the claim interpretation.  The CAFC held that the term was only a label, a descriptive term without impact on the interpretation of the claim.  The opinion underscores the flexibility and lack of definition in their legal opinions that provide guidance in determining whether a preamble term affects that claim interpretation.

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