United States Federal Circuit

Language in a claim preamble acts as a claim limitation only when such language serves to "give meaning to a claim and properly define the invention," not when the preamble merely states a purpose or intended use of the invention.

Appellate Information

• Decided 12/07/2000
• Published 12/07/2000

Judges

• Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles M. Morrow,Fenwick & West LLP, of Palo Alto, California, argued for plaintiff-appellant.   With him on the brief were David L. Hayes, David C. McIntyre, Marta Beckwith, and Trinnie Arriola-Kern.


• For Appellees:
  
• Howard G. Pollack,Fish & Richardson, P.C., of Menlo Park, California, argued for defendant-cross appellant and defendant-appellee.   With him on the brief were John M. Skenyon, Fish & Richardson, of Boston, Massachusetts;  Shelia N. Weinberger, and Timothy A. Porter, Fish & Richardson, of Menlo Park, California.