CAFC Finds Claimed Phrase “virtually free from interference” to be Definite under 35 U.S.C. 112

In One-E-Way v. ITC, the Federal Circuit reversed a decision by the International Trade Commission (ITC), which invalidated patents on the basis that the phrase “virtually free from interference” rendered the claims indefinite. In the decision, the Federal Circuit reversed the ITC decision on the basis that a person of ordinary skill in the art, viewing the claim term “virtually free from interference” in light of the specification and prosecution history, would be informed of the scope of the invention with reasonable certainty…

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