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  3. |Mining Law Monitor - Volume 20, Issue 1 - (Winter 2003)

Mining Law Monitor - Volume 20, Issue 1 - (Winter 2003)

Client Alert | less than 1 min read | 03.07.03

  • "The Use of Business Aircraft: It's All in the Details," Author: Eileen M. Gleimer.
  • "The Data Quality Act: Toward Greater Accountability in Regulation," Co-Authors: Edward M. Green and Richard J. Mannix.
  • "Changing Campaign Law May Mean Changes for Your Corporate PAC," Co-Authors: Beth Nolan and F. Ryan Keith.
  • "FMSHRC in 2002: The Year in Review," Author: Timothy M. Biddle.

Insights

Client Alert | 6 min read | 11.26.25

From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors

Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003)....