“大約”明不明確？

“大約”明不明確？

BJ Services Co. v. Halliburton Energy Services

雖然說明書中有揭示某性質的值，如判例中的C，但沒有揭示其測定方法，通常會被認為沒有enablement。但若該性質的測定方法是公知的，那麼亦符合enablement。此判例的被告即是以前者當作訴訟理由。

Halliburton argues that because the patent does not disclose the method for determining the C* value, it is invalid for lack of enablement. And, blurring the line between enablement and indefiniteness, it further argues that because "about 0.06" is indefinite, the patent would not enable one of skill in the art to make and use the invention.

Enablement和Indefiniteness為法律問題，但其inquiry為事實本質時，可以訴諸於陪審團。

"Enablement is a legal determination of whether a patent enables one skilled in the art to make and use the claimed invention." (citations omitted) Hybritech Inc. v. Monoclonal Antibodies, Inc., 802 F.2d 1367, 1384 (Fed. Cir. 1986). Even if some experimentation is required, so long as it is not unduly extensive, a specification can still be enabling. Atlas Powder Co. v. E. I. Du Pont De Nemours & Co., 750 F.2d 1569, 1576 (Fed. Cir. 1984). Although enablement is a question of law, because of the factual nature of the inquiry in this case, it is amenable to resolution by the jury. Spectra-Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1533 (Fed. Cir. 1987). And because a jury decided the issue here based on factual determinations, we look to whether a reasonable jury could have made the underlying factual findings necessary to provide substantial evidence in support of its conclusion. Allen Organ Co. v. Kimball Int'l, Inc., 839 F.2d 1556, 1566 (Fed. Cir. 1988).

Indefiniteness is also a legal determination arising out of the court's performance of its duty construing the claims, Personalized Media Communications, 161 F.3d at 705, and is reviewed de novo. Cardiac Pacemakers, Inc. v. St. Jude. Med., Inc., 296 F.3d 1106, 1113 (Fed. Cir. 2002). "The definiteness inquiry focuses on whether those skilled in the art would understand the scope of the claim when the claim is read in light of the rest of the specification." Union Pac. Res. Co. v. Chesapeake Energy Corp., 236 F.3d 684, 692 (Fed. Cir. 2001) citing Orthokinetics, Inc. v. Safety Travel Chairs, Inc., 806 F.2d 1565, 1576 (Fed. Cir. 1983). Like enablement, definiteness, too, is amenable to resolution by the jury where the issues are factual in nature. Because the issues here are essentially factual, we review the jury's verdict to determine if the ultimate conclusion reached is supported by substantial evidence.

“約”解釋成用來包含實驗誤差的範圍。
原告主張：
"Definiteness problems often arise when words of degree are used in a claim. That some claim language may not be precise, however, does not automatically render a claim invalid." Seattle Box Co., Inc. v. Indus. Crating & Packing, Inc., 731 F.2d 818, 826 (Fed. Cir. 1984). The question becomes whether one of ordinary skill in the art would understand what is claimed when the claim is read in light of the specification. Id. BJ Services argues that the term "about" is intended to encompass the range of experimental error that occurs in any measurement and that one of skill in the art would readily understand the range that "about 0.06" was intended to include. To that end, it presented the experimental results obtained by its expert, all of which were slightly above or below 0.06 for an average of 0.0596.
陪審團的裁決：
"What a prior art reference discloses in an anticipation analysis is a factual determination that we review for substantial evidence when decided by a jury." Teleflex, Inc. v. Ficosa N. Am. Corp., 299 F.3d 1313, 1323 (Fed. Cir. 2002). In the district court, Halliburton did not request that the court construe "about 0.06," it agreed that the jury should be instructed to give "about 0.06" its plain and ordinary meaning. Given that the term "about" was used to encompass experimental error and that the jury had before it the typical experimental range, substantial evidence supports the jury's finding that Moorhouse does not anticipate the '855 patent. "What a prior art reference discloses in an anticipation analysis is a factual determination that we review for substantial evidence when decided by a jury." Teleflex, Inc. v. Ficosa N. Am. Corp., 299 F.3d 1313, 1323 (Fed. Cir. 2002). In the district court, Halliburton did not request that the court construe "about 0.06," it agreed that the jury should be instructed to give "about 0.06" its plain and ordinary meaning. Given that the term "about" was used to encompass experimental error and that the jury had before it the typical experimental range, substantial evidence supports the jury's finding that Moorhouse does not anticipate the '855 patent.