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Mining Law Monitor - Volume 20, Issue 2 - (Summer 2003)

Client Alert | less than 1 min read | 08.11.03

  • "Cuban Embargo May Hold Hidden Perils for Unwary Mining Companies," Co-Authors: Jeff Snyder and Jim Reed.
  • "Arguments Over NBCWA Article I Reach Apogee," Co-Authors: Tom Gies and Glenn Grant.
  • "New FCC Rules Affect Some Mine Radio Systems," Author: Bill Wallace.
  • "SMCRA Roundup," Co-Authors: Tim Means and Michael Klise.
  • "The Safe Explosives Act: Homeland Security Comes to the Mining Industry," Co-Authors: Tim Biddle and Ed Green.

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)....