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File Early and File Often
A Pending Application is the Best Approach to Capturing Your Competitor’s Product
Similarly, the extent to which dictionaries are intrinsic or extrinsic evidence and the extent to which they can or should play a role in interpreting claims would depend on when the question was asked. (Compare, Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576 (Fed. Cir. 1996) (dictionary definitions are extrinsic evidence), to Antonious v. Spalding & Evenflow Cos., Inc., 1999 WL 777450 *3 Fed. Cir. 1999) unpublished, holding that dictionary definitions are intrinsic evidence).
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