Value Consideration In Claim Construction In View of Patent Right Affirmation Procedure
In patent right affirmation procedure, when the technical features of a claim literally have many meanings and it is possibly necessary to construe or interpret them as specific embodiments of the description, the identical and different points of these meanings should be examined or reviewed. If the different points are the common technical means in the art or the description does not disclose the contents of inventiveness in the process of the technical improvements of the identical points and the specific embodiments of the description, then it is undue to construe the claims as the specific embodiments of the description.
Scrutiny of Examination of Means-plus-function Claims
The aim of the patent system is to exchange disclosure for monopoly. Monopoly entails disclosure. The "right" a rightholder is granted within the patent system is defined by the disclosure contained in the description, and what the rightholder "claims" is determined by the terms of the claims.