Monday, January 16, 2006

Norian v. Stryker

Norian owns a patent directed to kits "for preparing ... bone cements in medical or dental procedures." Claim 8 included the limitation "a sodium phosphate". The C.A.F.C. compared the limitation with the indefinite article A, to the previous limitation that used the phrase "at least one." Further, they noted the specification did not discuss any embodiment that included more than one sodium phosphate. Finally, claim eight uses the restrictive term, "consisting of". The C.A.F.C. upheld the claim construction to include only a single sodium phosphate. See also,

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