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Patents
UNITED STATES OF AMERICA
Lack of Express Antecendent Term Did Not Make Claim Indefinite
Energizer Holdings, Inc. vs. International Trade Commission , Fed. Cir., No. 05-1018, 1/25/06 .
The absence of an antecedent basis for the claim term "said zinc anode" was not grounds to find the claim invalid for indefiniteness, the Federal Circuit held January 25, 2006 .
An antecedent basis for a claim term can, as in this case, be presented by implication, according to the court, citing Slimfold Manufacturing Co. vs. Kinkead Industries, Inc. , 810 F.2d 1113 (Fed. Cir. 1987). Judge Pauline Newman explained that a claim is sufficiently clear as long as its meaning is "discernible." This is so even if the claim construction task is formidable and reasonable persons can disagree over the conclusion, she explained, citing Exxon Research Research & Eng'g Co. v United States , 265 F.3d 1371 (Fed. Cir. 2001).
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