【判例】有關preamble的引用句子

MPEP 2111.02 Effect of Preamble：
"If the claim preamble, when read in the context of the entire claim, recites limitations of the claim, or, if the claim preamble is 'necessary to give life, meaning, and vitality' to the claim, then the claim preamble should be construed as if in the balance of the claim." Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165-66 (Fed. Cir. 1999). 「所以，請求項的前言應解譯成恰如協調該申請專利範圍 」

JOHN H. GRIFFIN v. Roger Bertina:

We conclude that the Board did not err in construing the count to be limited by the preamble. A preamble to a claim “has the import that the claim as a whole suggests for it.” Bell Communications Research, Inc. v. Vitalink Communications Corp., 55 F.3d 615, 620, 34 USPQ2d 1816, 1820 (Fed. Cir. 1995). The preamble language in this case is directed to “diagnosing an increased risk for thrombosis of a genetic defect causing thrombosis.” That aspect of the invention is again stated in the body of the count: “wherein the presence of said point mutation in said test nucleic acid indicates an increased risk for thrombosis or a genetic defect causing thrombosis.” Diagnosis is thus the essence of this invention; its appearance in the count gives “life and meaning” to the manipulative steps. See Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951) (stating that a preamble is limiting when it is “necessary to give life, meaning and vitality to the claims or counts”).