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**USE OF TERM “ABOUT” IN CLAIMED RANGE RENDERED PATENT INDEFINITE
Enviro Tech Chemical Servs., Inc. v. Safe Foods Corp., 24-2160 — Yesterday in an opinion by Judge LOURIE, the Federal Circuit affirmed a district court judgment that Enviro Tech’s claims for method of treating poultry using peracetic acid were invalid as indefinite. Enviro Tech argued its use of the term “about” in claiming peracetic acid-containing water altered to “a pH of about 7.6 to about 10” was not indefinite and that the district court should have considered that Enviro Tech’s amendment of the claim scope from a pH of “about 7.3” to “about 7.6” during prosecution demonstrated that “it disclaimed any pH deviation greater than 0.3pH.”
The Federal Circuit disagreed, finding no evidence Enviro Tech had made “repeated and consistent remarks” during prosecution that could define the claim term, no explanatory remarks accompanying the amendment that suggested “about” meant less or equal to 0.3pH, inconsistent usage of “about” throughout prosecution, and several specification examples deviating from the claimed range by more than 0.3pH. The claim had been amended to avoid the prior art and “necessitate[d] much more clarity than using the vague term ‘about.’”
(1 to 4 stars rate impact of opinion on patent & trademark law)
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TODAY ON THE IP CHAT CHANNEL™: SUSTAINABLE SUCCESS: TWO EVIDENCE-BASED SKILLS TO FLOURISH UNDER PRESSURE ORGANIZED BY IPO’S WELLNESS COMMITTEE
Kick off Mental Health Awareness Month with the IP Chat Channel™ today at 12:00pm ET for a presentation by STEPH MELNYCHUK, M.Sc., J.D., a lawyer, Integral Coaching® Canada professional coach, and mentor on “Sustainable Success: Two Evidence-Based Skills to Flourish Under Pressure.” After over fifteen years in a demanding legal career, thriving in high-pressure environments that rewarded ambition, resilience, and competition, Steph transitioned out of law to follow her heart: empowering others to navigate burnout, redefine success, and cultivate joy.
In the high-pressure world of legal practice, sustained success shouldn’t come at the expense of well-being. This webinar is for anyone who wants to quiet overthinking and set clear boundaries, so success no longer comes at the expense of their well-being. Steph will explore practical, evidence-based skills that help reduce mental strain while supporting sustainable success. Participants will learn how to relate differently to overthinking, recognize when internal and external boundaries are needed, and respond with greater clarity and confidence. She will also explore the role of awareness and self-compassion in maintaining well-being while navigating pressure and high expectations. Participants will leave with practical tools they can apply immediately to create greater mental space, communicate needs more clearly, and sustain both performance and well-being.
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This IP Chat Channel™ webinar is free for all registrants. Advance registration is required. IPO will apply for special Wellness/Well Being CLE credit only in eligible states.
JOIN THE CANADIAN PRACTICE COMMITTEE
With the changing international trade environment, staying on top of Canadian IP law has never been more important. IPO’s Canadian Practice Committee is:
- Monitoring and reporting on developments in IP legislation and practice
- Tracking erosion of IP protection
- Contributing content regarding Canada to IPO’s Special 301 Report
If Canadian IP matters to your practice or business, we’d love to have you at the table. Apply to the Canadian Practice Committee today at www.ipo.org/joinacommittee.