Monday, November 26, 2012

Words "may be" as intended use

Within Ex parte Henninger:

We, however, find that “wherein a surveillance camera may be assembled” merely represents intended use of the group of camera heads, system controllers, and communication modules. That is, such “may be assembled . . . by selecting” language merely represents a statement of intended use of the camera heads, system controllers, and communication modules. An intended use will not limit the scope of the claim because it merely defines a context in which the invention operates. Boehringer Ingelheim Vetmedica, Inc. v. Schering-Plough Corp., 320 F.3d 1339, 1345 (Fed. Cir. 2003).

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